Karnataka High Court
Hemappa S/O Bisateppa ... vs Honnappa S/O Bisteppa ... on 10 August, 2023
Bench: Sachin Shankar Byssmj
-1-
NC: 2023:KHC-D:8692
WP No. 104905 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 104905 OF 2023 (GM-CPC)
BETWEEN:
HEMAPPA S/O BISATEPPA KENGANNAVAR
AGE 66 YEARS, OCC AGRICULTURE
R/O HALLUR, TQ HIREKERUR
DIST HAVERI 581111
...PETITIONER
(BY SRI. SADIQ N GOODWALA.,ADVOCATE)
AND:
1. HONNAPPA S/O BISTEPPA KENGANNANAVAR
AGE 63 YEARS
OCC AGRICULTURE
R/O HALLUR
TQ HIREKERUR
DIST HAVERI 581111
Digitally signed
by
MOHANKUMAR
B SHELAR
2. SMT MANJAMMA T W/O RANGAPPA TIPPALLI
MOHANKUMAR
Location:
B SHELAR
DHARWAD
Date:
AGE 61 YEARS
2023.08.14
17:59:20 -0700
OCC HOUSEHOLD WORK
R/O BENAKANAHALLI
TQ HONNALLI
DIST DAVANAGERE 577 001
3. SMT RATNAMMA W/O BASAVARAJAPPA KURBAR
AGE 47 YEARS
OCC HOUSEHOLD WORK
R/O GOVINAHAL
TQ HARIHAR
DIST DAVANAGERE 577 001
-2-
NC: 2023:KHC-D:8692
WP No. 104905 of 2023
4. SMT SHIVAMMA W/O SHIVAPPA KOLER
AGE 54 YEARS
OCC HOUSEHOLDN WORK
R/O LINGADAHALLI
TQ RANEBENNUR
DIST HAVERI 581110
5. SMT LAKSHMAKKA W/O SIDDAPPA DODDAMANI
AGE 49 YEARS
OCC GHOUSEHOLD WORK
R/O NANDIGUDI
TQ HARIHAR
DIST DAVANAGERE 577 001
6. SMT SARASWATI W/O MAHESHAPPA GODDEMMI
AGE 49 YEARS
OCC HOUSEHOLD WORK
R/O BANNIKOD
TQ HARIHAR
DIST DAVANAGERE 577 001
7. SMT NAGAMMA W/O M KARIYAPPA MARIKARIYAPPAR
AGE 46 YEARS
OCC HOUSEHOLD WORK
R/O NELAHONNA
TQ HONNALI
DIST DAVANAGERE 577 001
...RESPONDENTS
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTOIN OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE TRIAL COURT TO PASS
ORDERS AND DISPOSE OF FDP NO.2/2017 PENDING ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC, HIREKERUR FORTHWITH.
THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
-3-
NC: 2023:KHC-D:8692
WP No. 104905 of 2023
ORDER
Notice to the respondents is dispensed with, as this
court is not deciding any issue which would seriously
prejudice the rights of the respondents. Bearing in mind
that captioned petition is filed seeking mandamus to
expedite the final decree proceedings, I have proceeded to
hear the matter without issuing notice to the respondents.
2. The petitioner who is plaintiff, filed a suit for
partition in O.S.No.48/2011. The said suit is decreed by
judgment and decree dated 29.01.2016 and preliminary
decree drawn in O.S.No.48/2011 is confirmed by the
appellate court in R.A.No.46/2016. The grievance of the
petitioner before this court is, though final decree
proceedings are pending in FDP No.2/2017, the learned
Judge is adjourning the matter without proceeding further
to give effect to the preliminary decree drawn in
O.S.No.48/2011.
3. On examination of material on record, I am of
the view that this is a fit case where mandamus needs to
NC: 2023:KHC-D:8692
WP No. 104905 of 2023
be issued to the learned Judge. Mere pendency of the
second appeal before this court will not automatically
operate as stay. Since the second appeal is not admitted
and no interim orders are passed by this court, the FDP
court cannot go on adjourning the matter without
proceeding further as contemplated under Order 20 Rule
18 of CPC.
4. For the reasons stated supra, writ petition is
allowed. The learned Judge is hereby directed to expedite
the final decree proceedings and give effect to preliminary
decree, in accordance with law.
Sd/-
JUDGE
MBS
