Karnataka High Court
Smt Subbamma vs Sri P Nagaraju on 28 June, 2024
-1-
NC: 2024:KHC:24172
WP No. 1405 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.1405 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. SUBBAMMA
W/O LATE PUTTANNAIAH,
AGED ABOUT 80 YEARS,
AGRICULTURIST,
R/AT MUTHINA MULLUSOGE VILLAGE,
HARANAHALLI HOBLI,
PERIYAPATNA TALUK-571107
REP. BY IT'S GPA HOLDER
H.K. PUTTANAYAKA.
2. SMT PUTTAMMA
W/O LATE PUTTANNAIAH
R/AT MUTHINA MULLUSOGE VILLAGE
HARANAHALLI HOBLI
Digitally
PERIYAPATNA TALUK-571 107.
signed by V
MANJUSHA
BAI ...PETITIONERS
Location: High [BY SMT. RADHIKA K., ADVOCATE FOR
Court of
Karnataka SMT. KAVITHA D., ADVOCATE (VC)]
AND:
1. SRI P NAGARAJU
S/O LATE PUTTANNAIAH (RAMANAYAKA)
AGED ABOUT 53 YEARS,
AGRICULTURIST,
R/AT MUTHINAMULLUSOGE VILLAGE,
HARANAHALLI HOBLI,
PERIYAPATNA TALUK-571 107.
...RESPONDENT
-2-
NC: 2024:KHC:24172
WP No. 1405 of 2024
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI BY SETTING ASIDE THE ORDER DATED
09.11.2023 PASSED BY THE LEARNED ADDITIONAL CIVIL
JUDGE AND JMFC., PERIYAPATNA IN FDP.2/2019 VIDE
ANNEXURE-F AND THEREBY GRANTING A MORATORIUM TIME
OF THREE MONTHS TO THE PETITIONER FOR FILING A
PETITION BEFORE THE HON'BLE SUPREME COURT
CHALLENGING THE JUDGMENT DATED 20.09.2022 PASSED BY
THE HON'BLE JUDGE BEFORE THIS HON'BLE COURT SO THAT
THE PETITIONER WILL BE ABLE TO ARRANGE FUNDS FOR THE
FILING THE SAID PETITION, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Aggrieved by the order dated 09.11.2023 passed on I.A.No.III in FDP No.2/2019 by the Court of Additional Civil Judge and JMFC, Periyapatna, the respondents therein have preferred this writ petition.
2. O.S.No.237/2012 was filed before the trial Court for partition and separate possession of the suit schedule properties. Pursuant to the judgment passed in the said original suit, a regular appeal was filed and against that RSA No.693/2020 was filed before this Court and the said regular second appeal has been dismissed. Aggrieved by -3- NC: 2024:KHC:24172 WP No. 1405 of 2024 the same, the petitioners herein have preferred Special Leave Petition before the Hon'ble Supreme Court. In the meanwhile, the petitioners have made an application in FDP No.2/2019, contending that the further proceedings in the final decree proceedings have to be stayed in the light of the petitioners approaching the Supreme Court. As no interim orders have been passed in the said special leave petition, the said application has been dismissed by the trial Court. Aggrieved by the same, the present writ petition is filed.
3. Admittedly, in the original suit, partition of the properties have been ordered in a particular manner. In the regular appeal, the order passed in the original suit has been confirmed. The same has been again confirmed by this Court in the regular second appeal. Special Leave Petition has been preferred against an order passed by this Court. Mere filing of special leave petition does not give a right to the parties to ask for stay of execution of the order passed in the original suit. For that reason, I do -4- NC: 2024:KHC:24172 WP No. 1405 of 2024 not see any error in the order passed by the trial Court on I.A.No.III.
4. For the said reason, the writ petition is hereby dismissed.
5. Pending interlocutory applications, if any, stand dismissed.
Sd/-
JUDGE VMB