(NOTICE TO R1 TO R3 DISPENSED WITH)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AS PER ANNX-D DATED 06.09.2025 PASSED BY II ADDL. SENIOR CIVIL JUDGE AND ACJM UDUPI ON APPLICATION FILED UNDER SECTION 05 OF LIMITATION ACT IN MVC NO. 178/2024 AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Notice to the respondents is dispensed with in view of the proposed order to be passed.

2. Petitioner is before this Court seeking for the following reliefs:

"WHEREFORE, the Petitioner pray this Hon'ble Court to Issue appropriate writ or order to quash the order as per Annexure 'D' dated 6.9.2025 passed by II Addl. Senior Civil Judge & A.C.J.M., Udupi on application filed under Section 5 of Limitation Act in MVC No.178/2024.,

a. Dismiss the application filed by the Respondent No.1 as per Annexure 'B' and hold that claim petition as per Annexure 'A' is not maintainable.

b. Pass such other writ or order as this Honb'le court deems fit under the circumstances of the case in the interest of justice and equity."

3. In the above petition, the short