Raghunathagoud S/O Seetarama ... vs Nagarathnamma W/O Chintamani ...
2023 Latest Caselaw 643 Kant

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            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

        DATED THIS THE 10TH DAY OF JANUARY, 2023

                          BEFORE

     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

        WRIT PETITION NO.202666/2022 (GM-CPC)

BETWEEN:
Ragunathagoud S/o Seetarama Reddy,
Aged about 49 ears, Occ: Agriculture,
R/o Hosur Village, Near Railway Running Room,
Hosur Road, Raichur.
                                           .... Petitioner
(By Sri Deepak V. Barad, Advocate)

AND:
1.     Nagarathnamma W/o Chintamani Goud,
       Age: 60 years, Occ: Household,
       R/o Rampur Village,
       Tq. & Dist. Raichur - 584 101.

2.     Smt.Nagalaxmi W/o Anjineya Goud,
       Aged about 52 years, Occ: Household,
       R/o Bannergatta, Bengaluru City - 560 083.

3.     Smt.Narayanamma W/o Late Damodar Goud,
       Aged about : 51 years, Occ: Household,
       R/o Goal Market, Station Area, Raichur - 584 101.

4.     Smt. Bharathamma W/o Ananthraj Goud,
       Aged about : 50 years, Occ: Household,
       R/o Rampur Village, Tq. & Dist. Raichur - 584 101.

                                      ... Respondents
(By Sri Mahantesh Patil, Advocate for R1, R3 & R4)
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      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 thereby quashing the impugned order
dated 29.03.2022 passed in E.P.No.2/2022 by the III Addl.
Senior Civil Judge and JMFC, Raichur as at Annexure-P to
this petition and etc.

      This writ petition coming on for Orders, this day, the
court made the following:-

                            ORDER

Learned counsel for the petitioner would submit that

the petitioner would challenge the order dated 29.03.2022

passed by first Appellate Court partially rejecting the

application seeking stay of the judgment and decree in OS

No.61/2010 on the file of II Addl. Senior Civil Judge,

Raichur.

2. It is also the submission of the learned counsel

for the petitioner that in a suit for partition filed by the

sister against the brother, the Trial Court has held that the

defendant's brother has violated the interim order passed

by the Court and that order is now put in execution and

the Executing Court has issued warrant for arrest of the

petitioner.

3. Considering the relationship between the

parties, ten days protection is granted to the petitioner and

the arrest warrant issued shall not be executed for ten

days. In the meantime, the petitioner is at liberty to file

appropriate petition, if he is so advised.

Accordingly, the writ petition is disposed of.

Sd/-

JUDGE

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