Karnataka High Court
Vijaykumar S/O Late ... vs Nagshetty S/O Late Bhimrao Since ... on 17 January, 2022
Bench: E.S.Indiresh
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE E.S.INDIRESH
WRIT PETITION No.201723/2021 (GM-CPC)
BETWEEN
VIJAYKUMAR S/O LATE SHIVALINGAPPA
AGE: 67 YEARS, OCC. AGRICULTURE,
R/O. MAMADGI VILLAGE,
TQ. ZAHERABAD (A.P.)-500003.
... PETITIONER
(BY SRI K M GHATE, ADVOCATE)
AND:
1) NAGSHETTY S/O LATE BHIMRAO
SINCE DECEASED THROUGH HIS
LEGAL HEIRS SULOCHANA
W/O LATE NAGSHETTY
DIED THROUGH HER LRS.
2) KUPENDRA
S/O LATE NAGSHETTY,
AGE: 50 YRS, OCC. AGRICULTURE,
R/O. DHANASHREE,
TQ. ZAHEERABAD (A.P.)-50005.
3) SANGEETA W/O RAJSHEKHAR
AGE: 47 YEARS, OCC. HOUSEHOLD,
R/O. DHANASHREE,
TQ. ZAHERABAD (A.P.)-50005.
2
4) SMT. JAISHREE W/O NOT KNOWN
AGE: 45 YEARS, OCC. HOUSEHOLD,
R/O. BEMALKHEDA, TQ. HUMNABAD,
DIST. BIDAR-585401.
5) VAIJINATH S/O LATE NAGSHETTY
AGE: 65 YEARS, OCC. AGRICULTURE,
R/O. GANESH MAIDAN,
BIDAR-585401.
6) CHANDRAPPA S/O BHEEMRAO
AGE: 77 YEARS,
R/O. ZAHERABAD (A.P.)
7) SHANKERAPPA S/O LATE BHIMRAO
DIED HIS LRS
8) NAGMANI W/O LATE SHANKERAPPA,
AGE. 80 YEARS, OCC. HOUSEHOLD,
R/O. GANESH MAIDAN,
BIDAR-585401.
9) SHIVKUMAR S/O LATE SHANKERAPPA
AGE: 57 YEARS, OCC. AGRICULTURE,
R/O. GANESH MAIDAN,
BIDAR-585401.
10) BASAWARAJ W/O LATE SHANKERAPPA
AGE: 54 YEARS, OCC. AGRICULTURE,
R/O. GANESH MAIDAN,
BIDAR-585401.
11) SANGAPPA S/O LATE SHANKERAPPA
AGE: 52 YEARS, OCC. BUSINESS AND AGRICULTURE,
R/O. GANESH MAIDAN,
BIDAR-585401.
3
12) CHANDRAKALA W/O UMAKANTH
AGE: 52 YEARS, OCC. HOUSE HOLD,
R/O. H.NO. 5-10, OPP. POLICE STATION,
NEAR VEGETABLE MARKET,
SHANKERPALLI,
R.R. DISTRICT (A.P.)500003.
13) PREMALA W/O HANAMANTHRAO HEBBAL
AGE: 52 YEARS, OCC. HOUSEHOLD,
R/O. DHANASHREE ZAHERABAD,
MANDAL (A.P.),
DIST. MEDAK-500003.
14) SHANTAMMA W/O SAMPATH KUMAR GIRI
AGE: 33 YEARS, OCC. HOUSE HOLD,
R/O. H.NO. 1-81-1, GIRI NILAYA SINGH,
BAGH CHOURBARA ROAD,
BIDAR-585401.
15) SANGAMMA W/O GURPADAPPA HEBBAL
AGE: 80 YEARS, OCC. HOUSEHOLD,
R/O. DHANASHREE ZAHERABAD,
MANDAL (A.P.),
DIST. MEDAK-500003.
16) RAJKUMAR S/O LATE SHIVLINGAPPA
AGE: 53 YEARS, OCC. AT PRESENT WORKING
AT MRF SADASHIVPET, ON N.H. NO.9,
BOMBAY-HYDERABADROAD, A.P.
ENO 076 PC T.R. SECTION.
17) JAGANNATH S/O SANGAPPA
@ BAKKAPPA TIRLAPURE AGE: 55 YEARS,
OCC. AGRICULTURE, R/O. HILALPUR,
TQ. HUMNABAD,
DIST. BIDAR-585401.
4
18) BASAVANTHRAO S/O SHANKERAPPA VARVATTI
AGE: 75 YEARS, OCC. AGRICULTURE,
R/O. MANNAEKHELLI, TQ. HUMNABAD,
DIST. BIDAR-585401.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO A) ISSUE A WRIT OF CERTIORARI/DIRECTION,
QUASHING THE ORDERS PASSED BY THE PRINCIPAL
SENIOR CIVIL JUDGE, BIDAR, IN O.S.NO.48/1992/FDP
NO.16/2003 DATED 28.10.2017 VIDE ANNEXURE-H AND
ALSO ORDER DATED 01.01.2019 IN FDP NO.16/2003 AND
PASSED BY PRL. SENIOR CIVIL JUDGE & CJM BIDAR VIDE
ANNEXURE-L TO THE WRIT PETITION AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Though this writ petition is listed for preliminary
hearing, by the consent of the parties, it is taken up for
final disposal.
2. Heard the learned counsel for the petitioner.
3. In the present petition, the petitioner has
challenged final decree proceedings (Annexure-H). Filing of
an appeal, which is a remedy available for the petitioner
against the judgment and decree passed in final decree
proceedings before the competent Court under the Code of
Civil Procedure. In that view of the matter, the writ
petition is rejected as not maintainable, reserving liberty to
file such appeal if so advised, writ petition is disposed of.
Sd/-
JUDGE
SB
