Basappa vs Kontewwa And Anr
2022 Latest Caselaw 437 Kant

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 11TH DAY OF JANUARY, 2022
                        BEFORE

        THE HON'BLE MR.JUSTICE E.S.INDIRESH

     WRIT PETITION No.200070/2022 (GM-CPC)

BETWEEN:

BASAPPA S/O SHIVAPPA NYAMAGOUD
AGED ABOUT 32 YEARS,
OCC: AGRICULTURE,
R/O KATRAL, TQ. AND DIST. VIJAYAPUR
                                        ... PETITIONER
(BY SRI G.G.CHAGASHETTI &
 SRI I.R.BIRADAR, ADVOCATES)

AND:

1.     KONTEWWA
       W/O YANKAPPA NYAMAGOUD
       AGED ABOUT 42 YEARS,
       OCC: H.H.WORK, R/O KATRAL,
       TQ. VIJAYAPUR-586101.

2.     YANKAPPA
       S/O SHIVAPPA NYAMAGOUD
       AGED ABOUT 33 YEARS,
       OCC: COOLIE, R/O KATRAL,
       TQ. VIJAYAPUR-586101.
                                      ... RESPONDENTS

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 24.11.2021 PASSED BY THE PRINCIPLE
JUDGE, FAMILY COURT AT VIJAYAPUR ON I.A.NO.3 IN
E.P.NO.14/2019 PRODUCED AT ANNEXURE-C BY ALLOWING
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THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 21
RULE 58 OF CPC.

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


                         ORDER

Heard the learned counsel for the petitioner.

2. Sri G.G.Chagashetti, learned counsel for

the petitioner contended that the petitioner herein is a

stranger to the proceedings in E.P.No.14/2019 and

therefore, the finding recorded by the trial Court is

opposed to well established principle of law and

accordingly, sought interference of this Court.

3. Having heard the learned counsel for the

petitioner, it is forthcoming from the record that the

decree-holder Smt. Kontewwa has filed

E.P.No.14/2019 against her husband-judgment debtor

(Yankappa Nyamagoud) for raising attachment on the

subject land for compliance of the maintenance to be

paid by the judgment-debtor to the decree-holder.

The petitioner herein is the brother of husband of

Smt. Kontewwa. Perusal of the finding recorded by

the trial Court in the impugned order would suggest

that the judgment-debtor failed to appear before the

Court to satisfy the claim made in the maintenance

petition and accordingly, the application was filed to

raise attachment insofar as the subject land bearing

Sy.No.305/4. Perusal of the finding recorded by the

trial Court at paragraph-10 of the impugned order

would indicate that the petitioner herein and the

judgment-debtor had jointly purchased the property in

question and jointly sold 2 acres 20 guntas of the land

in favour of Sri Kallappa Bhimappa Dalawai and

remaining 2 acre 30 guntas of the land stands in the

joint name of the judgment-debtor and the petitioner

herein. In that view of the matter, I do not find any

perversity in the impugned order passed by the trial

Court and accordingly, the same is confirmed.

Resultantly, the writ petition is dismissed.

Sd/-

JUDGE

NB*