JYOTIBA S/O GANGARAM PAWAR vs CHANDRASHEKHAR S/O OMPRAKASH PATIL
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17416
WP No. 107194 of 2026
CNR: KAHC020152092026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 107194 OF 2026 (GM-CPC)
BETWEEN:
1. JYOTIBA S/O GANGARAM PAWAR,
AGE. 58 YEARS, OCC. AGRICULTURE,
R/O. MARUTI GALLI, GONDAWAD,
TQ AND DIST. BELAGAVI 590 001.
2. SMT. SEVANTA W/O PEERAJI TAVANOJICHE,
AGE. 73 YEARS, OCC. HOUSEHOLD WORK,
R/O. PLOT NO.7, M.G. ROAD,
SHANTY NAGAR, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
3. DINESH S/O PEERAJI TAVANOJICHE,
AGE. 53 YEARS, OCC. AGRICULTURE,
R/O. PLOT NO. 7, M.G. ROAD,
SHANTI NAGAR, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
4. MAHESH S/O PEERAJI TAVANOJICHE,
AGE. 52 YEARS, OCC. AGRICULTURE,
R/O. PLOT NO. 7, M. G. ROAD,
SHANTY NAGAR, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
5. SMT. VAISHALI W/O JYOTIBA PAWAR,
AGE. 48 YEARS, OCC. HOUSEHOLD WORK,
R/O. MARUTI GALLI, GONDAWAD,
TQ AND DIST. BELAGAVI 590 001.
…PETITIONERS
(BY MISS. PRANJALI GODAKHINDI, ADVOCATE)
AND:
Digitally
signed by
SAROJA
HANGARAKI
Location: high
court of
karnataka,
dharwad bench
1. CHANDRASHEKHAR S/O OMPRAKASH PATIL,
AGE. 49 YEARS, OCC. ADVOCATE,
R/O. CTS NO. 5978/A, ADARSHA APARTMENT,
M.G. COLONY, TILAKWADI,
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TQ AND DIST. BELAGAVI 590 006.
2. NAGENDRA @ NAGESH S/O RAMA TAVANOJICHE,
AGE. 50 YEARS, OCC. AGRICULTURE,
R/O. MAHATMA GANDHI ROAD, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
3. TAVANAPPA S/O RAMA TAVANOJICHE,
AGE. 48 YEARS, OCC. AGRICULTURE,
R/O. MAHATMA GANDHI ROAD, TILAKWADI
TQ AND DIST. BELAGAVI 590 006.
4. HANAMANT S/O SHATUPPA TAVANOJICHE,
AGE. 50 YEARS, OCC. AGRICULTURE,
R/O. MAHATMA GANDHI ROAD, TILAKWADI
TQ AND DIST. BELAGAVI 590 006.
5.
NARAYAN S/O MAREPPA TAVANOJICHE,
SINCE DECEASED BY HIS LRS.
SMT. GEETA W/O NARAYAN TAVANOJICHE,
AGE. 45 YEARS, OCC. HOUSEHOLD WORK,
R/O. PLOT NO. 7, M.G. ROAD,
SHANTI NAGAR, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
6. PRATIBA D/O NARAYAN TAVANOJICHE,
AGE. 32 YEARS, OCC. HOUSEHOLD WORK,
R/O. PLOT NO. 7, M.G. ROAD,
SHANTI NAGAR, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
7. VARSHA D/O NARAYAN TAVANOJICHE,
AGE. 30 YEARS, OCC. HOUSEHOLD WORK,
R/O. PLOT NO. 7, M.G. ROAD,
SHANTI NAGAR, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
8. ASHWINI D/O NARAYAN TAVANOJICHE,
AGE. 28 YEARS, OCC. HOUSEHOLD WORK,
R/O. PLOT NO. 7, M.G. ROAD,
SHANTI NAGAR, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
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9. PRASHANT S/O NARAYAN TAVANOJICHE,
AGE. 28 YEARS, OCC. HOUSEHOLD,
R/O. PLOT NO. 7, M.G. ROAD,
SHANTI NAGAR, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
10. SHIVAJI S/O MAREPPA TAVANOJICHE,
AGE. 65 YEARS, OCC. AGRICULTURE,
R/O. MAHATMA GANDHI ROAD, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
11. ASHOK S/O MAREPPA TAVANOJICHE,
AGE. 64 YEARS, OCC. AGRICULTURE,
R/O. MAHATMA GANDHI ROAD, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
12. SURESH S/O MAREPPA TAVANOJICHE,
AGE. 62 YEARS, OCC. AGRICULTURE,
R/O. MAHATMA GANDHI ROAD, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
13. LAXMAN S/O MAREPPA TAVANOJICHE,
AGE. 61 YEARS, OCC. AGRICULTURE,
R/O. MAHATMA GANDHI ROAD, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
14. SMT. RUKMINI W/O MONAPPA TAVANOJICHE,
AGE. 60 YEARS, OCC. AGRICULTURE,
R/O. PLOT NO. 7, M. G. ROAD,
SHANTY NAGAR, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
15. MAHADEV S/O MONAPPA TAVANOJICHE,
AGE. 65 YEARS, OCC. AGRICULTURE,
R/O. MAHATMA GANDHI ROAD, TILAKWADI,
TQ AND DIST. BELAGAVI 590 006.
16. SMT. ANUSUYA W/O BALARAM EKANEKAR,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. GANDHI GALLI, BASAVANKUDACHI,
TQ AND DIST. BELAGAVI 591 124.
…RESPONDENTS
(BY SRI. PRANAV S. KATAGERI, ADVOCATE FOR R1;
NOTICE TO R2 TO R16 DISPENSED WITH)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO QUASH THE
ORDER DATED 24.07.2026 PASSED BY THE V ADDL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI, ON IA NO. 1 IN REV. PETITION NO.
1/2026 VIDE ANNEXURE-F AND ALLOW THE SAID APPLICATION IN
IA NO.1 IN SO FAR AS PETITIONERS ARE CONCERNED, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
1. Petitioners are the defendants in O.S.No.237/2005 which
was filed by the respondent No.1 herein for relief of
specific performance. On contest, the said suit was partly
decreed by Judgment and decree dated 17.01.2017
against respondent No.1 herein who had preferred
regular appeal in R.A.No.45/2017 and petitioners herein
were arrayed as respondents represented by their
counsel. However, the said regular appeal was allowed
decreeing the suit in its entirety. Petitioners were not
aware of the said decree passed in the regular appeal as
the learned counsel representing the petitioners had
passed away during the pendency of the regular appeal.
As such, they had no information regarding the disposal
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of appeal. Citing the said reason, the petitioners had filed
a Review Petition No.1/2026 and had also filed an
application seeking stay of the said Judgment and decree
which has been dismissed by the first appellate Court.
Hence the present petition.
2. Learned counsel for the petitioners submits that since
their counsel in the regular appeal had passed away
during the pendency of the said appeal, there was no
occasion or opportunity for them to have known about
the proceedings as there was no communication
regarding his demise. That the first appellate Court in the
review while rejecting the application filed under Order
XLI Rule 5 read with Section 151 CPC has merely taken
note of the absence of the counsel for the respondents
but has not adverted to the fact that the learned counsel
for the respondents had passed away. Therefore, she
submits an opportunity to be granted for rehearing the
application for stay filed in the review petition.
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3. Learned counsel appearing on behalf of respondent No.1
submits that all contention be kept open for consideration
before the first appellate Court.
4. Heard and perused the records.
5. At paragraph 2 of the present writ petition, petitioners
have specifically averred that the advocate on record who
was appearing for the petitioners before the appellate
Court had expired during the pendency of the appeal and
the appeal was heard and disposed of in his absence
without intimating the death of the advocate on record to
the appellants. The impugned order rejecting the
application filed under order XLI Rule 5 r/w Section 151
though takes note of the absence of advocate on behalf
of the petitioners herein, there is no reference to the
death of the advocate who was representing the
petitioners in the regular appeal. There is considerable
force in the submission being made by the learned
counsel for the petitioners. Perusal of the impugned
order does not indicate the first appellate Court having
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taken note of the demise of counsel for the respondents
in the said appeal.
allowed
6. In that view the matter, petition is . The
impugned order dated 24.07.2026 passed by the V
Additional District and Sessions Judge, Belagavi on
I.A.No.1 in Review Petition No.1/2026 vide Annexure-F is
quashed. Matter is remitted to the Appellate Court which
shall reconsider the application taking note of the demise
of the learned counsel for the petitioners which according
to them had prevented them from prosecuting the matter
and pass appropriate order after hearing both the sides.
All contentions are kept open for consideration.
Interim order granted by this Court on 10.09.2026
stands extended till consideration of the said application
by the revisional Court.
Sd/-
(M.G.S. KAMAL)
JUDGE
SBN
CT:SD
LIST NO.: 1 SL NO.: 23