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IN THE HIGH COURT OF CIRCUIT BENCH AT DHARWAD

DATED THIS THE 7 TH DAY OF JUNE, 2013

BEFORE

THE HON’BLE MR.JUSTICE B.S.PATIL

W.P.No.72483/2012 (GM-CPC)

BETWEEN:

RAJENDRA S/O. BASAVANNEPPA AREBENCHI AGE: 43 YEARS, OCC: AGRICULTURE, R/O. ASTEKAR BUILDING, KOLI GALLI (INDIRA COLONY), . ... PETITIONER

(By Sri. SHRIKANT T. PATIL. ADV.)

AND

1. SMT. RENUKA, W/O. GOPAL MALALI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. HOUSE NO. 4634, BHADAKAT GALLI, BELGAUM.

2. SHRI MANJUNATH. S/O. FAKKIRAPPA AREBENCHI AGE: 21 YEARS, OCC: STUDENT R/O. NEAR KUBASAD HOSPITAL, SIDDARAMESHWAR COLONY, MUDHOL, DIST BAGALKOT.

3. SHRI CHANDRASHEKAR, S/O. BASAVANNEPPA ARIBENCHI, AGE: 52 YEARS, OCC: GOVT. TEACHER 2

R/O. GOVT. BOYS MODEL SCHOOL DURADUNGI VILLAGE, TQ: GOKA, DIST: BELGAUM.

4. SHRI ADIVEPPA @ SURESH, S/O. BASAVANNEPPA AREBENCHI AGE: 49 YEARS, OCC: AGRICULTURE R/O. , TQ: DIST: BELGAUM.

5. SHRI MANOHAR, S/O. BASAVANNEPPA AREBENCHI AGE: 47 YEARS, OCC: BUSINESS R/O. NEW AMAR ELECTRONICS, ROAD, , TQ: SAUNDATTI DIST: BELGAUM.

6. SHRI SHESHAPPA, S/O. BASAVANNEPPA ARIBENCHI AGE: 43 YEARS, OCC:AGRICULTURE R/O. ASTEKAR BUILDING, KOLI GALLI, BELGAUM. DIST: BELGAUM

7. SMT. SHAKUNTALA, W/O. GOVINDAPPA DEVARADDY, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. NISHANDAR BUILDING, AYYAPPA SWAMY COLONY, NEAR COURT SAUNDATTI, BELGAUM, DIST: BELGAUM.

8. SMT. SULOCHANA. W/O. TIMMARADDY AGE: 71 YEARS, OCC: HOUSEHOLD WORK R/O. CHANNAMMA SOCIETY, SHRI NAGAR BELGAUM, DIST: BELGAUM.

9. SHRI KADAPPA @ UMESH, S/O. BASAPPA , AGE: 33 YEARS, OCC: AGRICULTURE 3

R/O. ONTGODI VILLAGE, TQ: MUDHOL DIST:BAGALKOT.

10. SMT PARWATEVVA, W/O ADIVEPPA @ SURESH ARIBENCHI, AGE: 44 YEARS, OCC: HOUSEHOLD WORK R/O. JEEVAPUR, TQ: SAUNDATTI DIST: BELGAUM. ... RESPONDENTS

(By Sri LAXMAN T MANTAGANI, ADV. FOR R1, SRI.GURURAJ R. , ADV. FOR R.4 & R.10, R.2, R.3, R.5 TO 9 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY CIVIL JUDGE [SR.DN.] SAVADATTI, IN O.S.NO.4/10 ON I.A.NO.15 DATED 28.11.2012 AT ANNEXURE-F, AND ETC.

THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:-

ORDER

It is submitted that there is a typographical error committed in mentioning the names of petitioner and respondent No.6 in the cause title. According to the learned

Counsel for the petitioner, they are interchanged.

Respondent No.6 should have been mentioned as the petitioner and the petitioner should have been as the 6 th respondent. 4

3. This defect cannot be cured by permitting amendment to the writ petition because it goes to the root of the matter. Hence, the writ petition is dismissed with liberty to the petitioner to file a fresh writ petition on the same cause of action. Consequently, I.A.1/12 for amendment does not survive for consideration and it is accordingly disposed of.

The Registry is directed to return the certified copies of the order under challenge to the petitioner.

SD/- JUDGE

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