Smt. Kamalavva W/O Shankrappa ... vs Shri. Nagaraj S/O Mahadevappa ...
2022 Latest Caselaw 3435 Kant

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             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

         DATED THIS THE 28th DAY OF FEBRUARY 2022

                           BEFORE

       THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

          WRIT PETITION No.100319/2022 (GM-CPC)

BETWEEN:

1. SMT. KAMALAVVA,
W/O SHANKRAPPA TONDUR,
AGE 54 YRS., OCC: HOUSEHOLD WORK,
R/O KOTTIGERI ONI, BANKAPUR
TQ. SHIGGAON, DIST. HAVERI 581 202.

2. SHRI BASAVARAJ, S/O SHANKRAPPA TONDUR,
AGE 32 YRS., OCC: AGRICULTURE
R/O KOTTIGERI ONI, BANKAPUR
TQ. SHIGGAON, DIST. HAVERI 581 202.

3. SHRI KALLAPPA, S/O SHANKRAPPA TONDUR,
AGE 29 YRS., OCC: AGRICULTURE
R/O KOTTIGEI ONI, BANKAPUR
TQ. SHIGGAON, DIST. HAVERI 581 202.
                                           .. PETITIONERS
(BY SRI. SHIVARAJ S. BALLOLLI, ADV.)


And:

1. SHRI NAGARAJ, S/O MAHADEVAPPA TONDUR,
AGE 34 YRS, OCC: AGRICULTURE
R/O KOTTIGERI ONI, BANKAPUR
TQ. SHIGGAON, DIST. HAVERI 581 202.

2. SHRI DEVAPPA, S/O MAHADEVAPPA TONDUR,
AGE 32 YRS., OCC: AGRICLTURE
R/O KOTTIGERI ONI, BANKAPUR,
TQ. SHIGGAON, DIST. HAVERI 581 202.
                                     .. RESPONDENTS
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      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF CERTIORARI QUASHING THE IMPUGNED JUDGMENT DATED
3.1.2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND
JMFC, SHIGGAON IN M.A. NO.3/2021 VIDE ANNEXURE-F AND PASS
ANY OTHER ORDER(S) AS THIS HON'BLE COURT MAY DEEM FIT IN
THE INTEREST OF JUSTICE AND EQUITY.

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

                            ORDER

The respondents/plaintiffs have filed a suit in O.S.

No.149/2018 for declaration. Along with the plaint, they had

filed I.A.1 under Order XXXIX Rules 1 and 2 of the Code of

Civil Procedure, 1908, seeking to restrain the

petitioners/defendants not to alienate the suit property till

disposal of the suit. The application filed by the plaintiffs has

been allowed by order dated 05.08.2020. Being aggrieved by

the same, the petitioners/defendants have filed Miscellaneous

Appeal No.3/2021 before the learned Senior Civil Judge and

JMFC, Shiggaon. The same has been dismissed by order dated

03.01.2022. Being aggrieved by the same, the defendants are

before this Court.

2. Heard the learned counsel for the petitioners.

3. Perused the impugned order dated 05.08.2020

vide Annexure-D passed by the learned Civil Judge and

JMFC, Shiggaon, and the order passed by the appellate

Court in MA No.3/2021. There is no error in the impugned

order. The order passed by the appellate Court is just and

reasonable. Hence, I decline to interfere with the same.

Accordingly, the writ petition is dismissed.

Sd/-

JUDGE

Kmv