Narayanamma vs Munipoojappa
2022 Latest Caselaw 769 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 17th DAY OF JANUARY 2022

                          BEFORE
       THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

        WRIT PETITION NO. 8139 OF 2019 (GM-CPC)

BETWEEN:

1.     NARAYANAMMA
       W/O. LATE NARAYANAPPA
       AGED ABOUT 59 YEARS

2.     MANJULA DEVI
       D/O. LATE NARAYANAPPA
       AGED ABOUT 26 YEARS

3.     SANTHOSH KUMAR
       S/O. LATE NARAYANAPPA
       AGED ABOUT 21 YEARS

       ALL ARE PETITIONERS ARE
       R/O. SARKAR GUTTAHALLI VILLAGE,
       KASABA HOBLI, HOSAKOTE TALUK,
       BENGALURU RURAL
       DISTRICT-562 114.             ... PETITIONERS

(By Sri. RAJANNA. Adv.)

AND:

1.     MUNIPOOJAPPA
       S/O. PILLAIAH
       AGED ABOUT 62 YEARS

2.     CHINNAPPAIAH
       S/O. PILLAIAH
       AGED ABOUT 57 YEARS
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     BOTH ARE RESPONDENTS ARE
     R/O. DODDAHULLUR VILLAGE
     KASABA HOBLI,
     HOSAKOTE TALUK,
     BENGALURU RURAL,
     DISTRICT-562 14.                      ... RESPONDENTS

      THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS OF R.A.NO.153/2018 PENDING ON THE FILE OF
THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU AND SET-ASIDE
THE IMPUGNED ORDER DATED: 18.01.2019 ANNEXURE-G
PASSED ON I.A.NO.1 AND CONSEQUENTLY REJECT THE
I.A.NO.1 AND GRANT AN INTERIM ORDER TO STAY THE
PROCEEDINGS IN R.A.NO.153/2018 PENDING ON THE FILE
OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU.

      This Writ Petition coming on for Preliminary Hearing
this day, the Court made the following:-


                          ORDER

1. The above writ petition has been filed aggrieved by the

orders passed on I.A.1 filed under Order XLI

Rule 5 of CPC in R.A. 153/2018 seeking for stay of

the operation of the judgment and decree dated

13.11.2018 passed in O.S.No.2757/2006 for a period

of three months or till the disposal of the appeal

on merits whichever is earlier.

2. The petition was filed on 14.02.2019. The said period

of three months expired on 17.04.2019. Hence, the

petition has been rendered infructuous due to efflux of

time. Petition therefore stands dismissed.

Sd/-

JUDGE

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