Karnataka High Court
Lakkaiah vs Smt . Kalamma on 11 August, 2023
Bench: H T Prasad
-1-
NC: 2023:KHC:28551
CRP No. 227 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
CIVIL REVISION PETITION NO. 227 OF 2023
BETWEEN:
1. LAKKAIAH
S/O RAMAIAH
SINCE HE WAS DEAD HIS LRS
KRISHNAIAH
S/O LATE LAKKAIAH
AGED ABOUT 58 YEARS
2. LAKSHMAMMA
W/O CHANNAIAH
AGED ABOUT 54 YEARS.
3. LAKSHMAMMA
W/O CHANNAPPA
AGED ABOUT 52 YEARS
Digitally signed 4. SWAMY
by S/O LATE LAKKAIAH
DHANALAKSHMI AGED ABOUT 54 YEARS
MURTHY
R/O VIJAPURA FOREST
Location: High H.R.P COLONY, KASABA HOBLI
Court of
Karnataka ARAKALAGUD TALUK
HASSAN DISTRICT
...PETITIONERS
(BY SRI. NARASIMHA MURTHY G V.,ADVOCATE)
AND:
1. SMT . KALAMMA
W/O SHAKUNAIAH
AGED ABOUT 62 YEARS
-2-
NC: 2023:KHC:28551
CRP No. 227 of 2023
R/O VIJAPURA FOREST
H.R.P COLONY, KASABA HOBLI
ARAKALAGUD TALUK
HASSAN DISTRICT-573101.
2. SRI NAGARAJA @ RANGAIAH
S/O SHAKUNAIAH
AGED ABOUT 40 YEARS
R/O VIJAPURA FOREST
H.R.P COLONY, KASABA HOBLI
ARAKALAGUD TALUK
HASSAN DISTRICT.
...RESPONDENTS
(BY SRI.B BADROMATJ., ADVOCATE FOR R2:
NOTICE TO R1 IS SERVED & UNREPRESENTED)
THIS CRP IS FILED UNDER SECTION 115 OF CPC,
AGAINST THE ORDER DATED:29.11.2022 PASSED IN
EX.NO.119/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, ARAKALGUD, DISMISSING THE PETITION FIELD
UNDER ORDER XXI RULE 11 OF CPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. This petition is by the legal representatives of decree
holder under Section 115 of CPC, challenging the order
dated 29.11.2022 passed by the Senior Civil Judge and
JMFC, Arakalagud in Ex.P.No.119/2016 whereby the suit
filed by the decree holders under Order XXI Rule 11 of CPC
has been dismissed.
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CRP No. 227 of 2023
2. The petitioners' father has filed the suit in
O.S.No.36/2008 against the respondents herein for
declaration and injunction. The suit has been decreed on
25.02.2009. The further case of the petitioners is that
since the respondents tried to interfere in to the suit
schedule property and violate the decree, they have filed
the execution petition in Ex.P.No.119/2016. The trial Court
by order dated 29.11.2022 has dismissed the execution
petition. Being aggrieved by the same, they are before
this Court in this petition.
3. The specific contention of the decree holders is that
the respondents herein tried to interfere into the suit
schedule property and violate the judgment and decree.
4. To prove the same, they have not examined any
independent witness such as adjoining land holders, who
have witnessed the alleged incidents and obstructions
stated to be caused by the judgment debtors.
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CRP No. 227 of 2023
5. Learned counsel for the petitioners submits that if
this Court grants one more opportunity to the judgment
debtors, they will examine the independent witness such
as adjacent land holders.
6. Under this circumstance, I am of the opinion that to
give one more opportunity, the matter requires to be
remitted back to the Trial Court for reconsideration.
7. Hence, I pass the following order:
ORDER
a. The appeal is allowed.
b. The judgment and decree dated
29.11.2022 passed by the Senior Civil
Judge and JMFC, Arakalagud in
Ex.No.119/2016, is set aside.
c. The matter is remitted back to the Trial
Court to reconsider the matter, in
accordance with law.
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CRP No. 227 of 2023
d. Liberty is reserved to the parties to adduce
additional evidence and produce additional
documents to establish their case.
Sd/-
JUDGE
HA
