Sri.Girimalla S/O Kempanna ... vs Smt.Kallawwa W/O Kempanna Kmmar
2023 Latest Caselaw 649 Kant

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                                    WP No. 113942 of 2019


                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 10TH DAY OF JANUARY, 2023

                                                    BEFORE
                              THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                                  WRIT PETITION NO. 113942/2019 (GM-CPC)
                      BETWEEN:

                      1.     SRI.GIRIMALLA S/O KEMPANNA KAMMAR,
                             AGED ABOUT 54 YEARS,
                             OCC.: AGRICULTURE AND KAMMARIKE,
                             R/AT HEBBAL, TQ. HUKKERI, DIST. BELAGAVI.

                      2.     KASHINATH S/O KEMPANNA KAMMAR,
                             AGED ABOUT 48 YEARS,
                             OCC.: AGRICULTURE AND KAMMARIKE,
                             R/AT HEBBAL, TQ. HUKKERI, DIST. BELAGAVI.
                                                                         -      PETITIONERS
                      (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)

                      AND:

                      1.     SMT. KALLAWWA W/O KEMPANNA KMMAR,
                             AGED ABOUT 74 YEARS, OCC.: HOUSEHOLD WORK,
                             R/AT HEBBAL, TQ. HUKKERI, DIST. BELAGAVI-591309.

                             SRI. BALAPPA S/O KEMPANNA KAMMAR,
                             SINCE DECEASED BY HIS LRS.

CHANDRASHEKAR
LAXMAN
                      2.     SMT. SHOBHA W/O BALAPPA KAMMAR,
KATTIMANI                    AGED ABOUT 54 YEARS, OCC. HOUSEHOLD WORK,
Digitally signed by
                             R/AT HEBBAL, TQ. HUKKERI, DIST. BELAGAVI-591309.
CHANDRASHEKAR
LAXMAN KATTIMANI
Date: 2023.01.14
11:30:07 +0530        3.     SRI. SATISH S/O BALAPPA KAMMAR,
                             AGED ABOUT 35 YEARS, OCC.: AGRICULTURE,
                             R/AT HEBBAL, TQ. HUKKERI, DIST. BELAGAVI-591309.

                      4.     SMT. SAVITA W/O MAHANTESH KAMBAR,
                             AGED ABOUT 33 YEARS, OCC.: HOUSEHOLD WORK,
                             R/AT MARADUNCHI, TQ. GOKAK, DIST. BELAGAVI-591308.

                      5.     SMT. VIDYASHREE W/O KEMPANNA KAMBAR,
                             AGED ABOUT 31 YERS, OCC. HOUSEHOLD WORK,
                             R/AT BASAPUR, TQ. HUKKERI, DIST. BELAGAVI-591309.
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             WP No. 113942 of 2019


6.    SMT. VEENASHREE W/O NAGESH KAMBAR,
      AGED ABOUT 29 YERS, OCC.: HOUSEHOLD WORK,
      R/AT KALLOLLI, TQ. GOKAK,
      DIST. BELAGAVI-591308.

7.    SMT. GIRIJAWWA W/O BALAPPA KAMMAR,
      AGED ABOUT 56 YERS, OCC.: HOUSEHOLD WORK,
      R/AT DIRADUNDI, TQ. GOKAK,
      DIST. BELAGAVI-591308.

8.    SMT. SAVITRI W/O CHINNAPPA KAMMAR,
      AGED ABOUT 56 YERS, OCC.: HOUSEHOLD WORK,
      R/AT DIRADUNDI, TQ. GOKAK,
      DIST. BELAGAVI-591308.

      SRI. PRAKASH S/O KALAGOUDA PATIL,
      SINCE DECEASED BY HIS LRS.

9.    SMT. PADMASHREE W/O PRAKASH PATIL,
      AGED ABOUT 61 YEARS, OCC.: HOUSEHOLD WORK,

10.   SMT. PRATIBHA D/O PRAKASH PATIL,
      AGED ABOUT 47 YEARS, OCC. HOUSEHOLD WORK,

11.   SRI. PRASHANT S/O PRAKASH PATIL,
      AGED ABOUT 44 YEARS, OCC.: AGRICULTURE,

12.   SRI. PRASAD S/O PRAKASH PATIL,
      AGED ABOUT 39 YEARS, OCC.: AGRICULTRUE

      ALL ARE R/AT HEBBAL, TQ. GOKAK,
      DIST. BELAGAVI-591308.

13.   THE CHIEF EXECUTIVE OFFICER,
      THE YAMAKANAMARADI URBAN CO-OP
      CREDIT LTD YAMAKANAMARADI,
      TQ. HUKKERI, DIST. BELAGAVI-591309.

14.   THE YAMAKANAMARADI URBAN CO-OP
      CREDIT LTD YAMAKANAMARADI,
      TQ. HUKKERI, DIST. BELAGAVI-591309.
      REP. BY ITS MANAGER.
                                            -     RESPONDENTS
(BY SRI. RAVI S. BALIKAI, ADVOCATE FOR R11,
SRI M. C. BASAREDDY AND SRI V.S. KALASURMATH,
ADVOCATES FOR R13 AND R14,
NOTICE TO R1 AND R4 IS HELD SUFFICIENT,
NOTICE TO R2, 3, 5 TO 9 AND 12 IS SERVED)
                                -3-




            WP No. 113942 of 2019


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 2277 OF

THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE

NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND

SET-ASIDE THE ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND

JMFC SANKESHWAR, PASSED IN O.S.NO.260 OF 2010 DATED 30/08/2019,

ON I.A.SU/O 18 RULE 17 COPY AS PER ANNEXURE-J & ETC.


      THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:


                             ORDER

This writ petition is directed against the impugned order

dated 30.08.2019 passed in O.S. No. 260/2010 whereby the

applications filed by the petitioner under Order XVIII Rule 17 CPC

to recall PW1 for further examination in chief and the application

filed under Order XVIII Rule 17 CPC to recall DW1 for further

cross-examination, were rejected by the trial Court. During the

pendency of the present writ petition since there was no interim

order the suit was proceeded with by the trial Court, which

disposed of the same vide final judgment and decree dated

27.10.2022. Under these circumstances, nothing further survives

in the petition and the same is accordingly disposed of without

expressing any opinion on the merits/ demerits of the rival

WP No. 113942 of 2019

contentions. However, liberty is reserved in favour of the

petitioners to challenge the order impugned in the present writ

petition in an appeal preferred/ to be preferred by the petitioners

against the final judgment and decree passed by the trial Court.

Subject to the aforesaid observations and liberty in favour of

the petitioners, the petition stands disposed off.

SD JUDGE BVV