Shantanagouda S/O ... vs Veerabhadragouda S/O ...
2021 Latest Caselaw 3120 Kant

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            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH
         DATED THIS THE 6TH DAY OF AUGUST, 2021
                           BEFORE
       THE HON'BLE MR.JUSTICE S.R. KRISHNA KUMAR

               W.P. No. 109339/2019 (GM-CPC)
BETWEEN:

SHANTANGOUDA S/O CHANABASANGOUDA
PATIL @ HADIMANI, AGE: 68 YEARS,
OCC: RTD. EMPLOYEE AND AGRICULTURIST,
R/O INGALAGONDI, TQ: BYADGI, DIST: HAVERI,
NOW AT BASAVESHWARA NAGAR, 18TH MAIN,
A BLOCK, HAVERI, TQ/DIST: HAVERI (NOT
CLAIMING THE BENEFIT OF SENIOR CITIZENSHIP)
                                           -        PETITIONER
(BY SRI VIJAYENDRA S. BHIMAKKANAVAR, ADVOCATE)

AND:

1.     VEERABHADRAGOUDA S/O BASANAGOUDA PATIL,
       AGE: 68 YEARS, OCC.: AGRICULTURIST,
       R/O INGALAGONDI, TQ: BYADGI, DIST: HAVERI.

2.     SHIVAPUTRAGOUDA S/O BASANAGOUDA PATIL,
       AGE: 75 YEARS, OCC.: AGRICULTURIST,
       R/O INGALAGONDI, TQ: BYADGI, DIST: HAVERI.

3.     CHANAGOUDA S/O SHEKHARGOUDA PATIL,
       S/O BASANAGOUDA PATIL, AGE: 30 YEARS,
       OCC.: AGRICULTURIST, R/O INGALAGONDI,
       TQ: BYADGI, DIST: HAVERI.

4.    SMT. UMA W/O BASANAGOUDA PATIL,
      AGE: 50 YEARS, OCC.: ANGANAVADI TEACHER,
      R/O INGALAGONDI, TQ: BYADGI, DIST: HAVERI.
                                           -     RESPONDENTS
(BY SRI N.J. APPANNAVAR, ADVOCATE FOR R1 & R4,
NOTICE TO R2 & R3 IS DISPENSED WITH)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER VIDE ANNEXURE-F DATED 02.08.2017 & ETC.

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

                          ORDER

Heard learned counsel for the petitioner, learned

counsel for the respondent and perused the material on

record.

2. In this petition, petitioner seeks quashing of the

impugned orders at Annexure-F dated 02.08.2017 passed

in O.S. No. 217/2014 by the Civil Judge, Byadgi, whereby

the application for temporary injunction filed by the

petitioner-plaintiff against the respondent-defendant was

dismissed by the trial Court as well as the subsequent

impugned order at Annexure-G dated 25.02.2019 passed in

M.A. No. 1/2017 by the Senior Civil Judge, Byadgi, whereby

the said appeal filed by the petitioner-appellant was

dismissed by the first appellate Court.

3. Though several contentions have been urged by both

sides in support of their respective contentions, without

expressing any opinion on the merits/ demerits of the rival

contentions, I deem it just and proper to dispose of this writ

petition directing the trial Court to dispose of the suit

within a period of six months from the date of receipt of a

copy of this order without being influenced by the findings/

observations recorded in the impugned order passed by the

trial Court and the first appellate Court. Ordered

accordingly.

Liberty is reserved in favour of the petitioner to urge

all contentions in the appeal preferred against the judgment

and decree to be passed by the trial Court pursuant to this

order.

With the aforesaid observations, writ petition stands

disposed of.

SD JUDGE bvv