Karnataka High Court
Shri Satteppa S/O Ghatigeppa ... vs Smt Ningavva W/O Raju Pidayi on 18 August, 2023
Bench: Sachin Shankar Byssmj
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NC: 2023:KHC-D:9124
WP No. 104886 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 104886 OF 2023 (GM-CPC)
BETWEEN:
SHRI SATTEPPA S/O. GHATIGEPPA MANTOOR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: MARADI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
...PETITIONER
(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE)
AND:
1. SMT. NINGAVVA W/O. RAJU PIDAYI,
AGE: 40 YEARS,
OCC: H.H. WORK & AGRICULTURE,
R/O: MARADI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
2. SMT. PARAVVA W/O. RAMAPPA PIDAYI,
AGE: 48 YEARS,
Digitally
signed by
OCC: H.H. WORK & AGRICULTURE,
YASHAVANT
YASHAVANT
NARAYANKAR
Location:
R/O: MARADI, TQ: RAIBAG,
NARAYANKAR DHARWAD
Date:
2023.08.21
DIST: BELAGAVI-591317.
16:11:53 -
0700
3. SMT. AMMAVVA W/O. CHUNAPPA GOTUR,
AGE: 73 YEARS,
OCC: H.H. WORK & AGRICULTURE,
R/O: MARADI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
4. SMT. YAMANAVVA W/O. BHARAMA SAIDAPURE,
AGE: 52 YEARS,
OCC: H.H. WORK & AGRICULTURE,
R/O: ALAGAWADI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
5. SMT. YALLAVVA W/O. YALLAPPA KALLOLI,
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NC: 2023:KHC-D:9124
WP No. 104886 of 2023
SINCE DECEASED BY HER LRS.
5A. SHRI BHIMAPPA S/O. YALLAPPA KALLOLI,
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O: MARADI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
5B. SMT. PRATIBHA W/O. SANTOSH SILANNAVAR,
AGE: 26 YEARS,
OCC: H.H. WORK & AGRICULTURE,
R/O: SIDDESHWAR NAGAR,
NEAR WATER TANK,
GOKAK, TQ: GOKAK,
DIST: BELAGAVI-591317.
5C. SHRI ANAND S/O. YALLAPPA KALLOLI,
AGE: 22 YEARS, OCC: AGRICULTURE,
R/O: MARADI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
6. SHRI HANAMANT S/O. BHARAMA SAIDAPURE,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O: ALAGAWADI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
7. LAXMAN S/O. BHARAMA SAIDAPURE,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: ALAGAWADI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION AND QUASH THE ORDER DATED 15-02-2023
ON IA NO. II PASSED BY THE PRL CIVIL JUDGE AND JMFC RAIBAG IN
FDP NO.02/2022 AS PER THE JUDGMENT AND DECREE PASSED IN
OS. 37/2016 PRODUCED AT ANNEXURE -D IN THE INTEREST OF
JUSTICE AND EQUITY.
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NC: 2023:KHC-D:9124
WP No. 104886 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Captioned petition is filed by the purchaser questioning
the appointment of Court Commissioner in final decree
proceedings. The FDP Court has allowed the application
seeking appointment of court commissioner and Taluka
Surveyor is appointed as a Court Commissioner to submit
feasibility report.
2. On examining the order under challenge, this
Court is unable to understand what is the serious prejudice
that is caused to the petitioner herein on account of
appointing a Court Commissioner in a final decree
proceedings. The FDP Court is bound to appoint a Court
Commissioner to secure feasibility report. Therefore, the
petitioner being a purchaser has no locus to question the
appointment of court commissioner by the FDP Court. The
writ petition being devoid of merits, stands dismissed.
NC: 2023:KHC-D:9124
WP No. 104886 of 2023
3. In view of disposal of the petition, pending
interlocutory applications, if any, do not survive for
consideration and are disposed of accordingly.
Sd/-
JUDGE
