Karnataka High Court
Shri Kademanda A Pooviaha vs Shri Kademada K Kariappa on 11 September, 2023
Bench: S.G.Pandit
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NC: 2023:KHC:32817
WP No. 6927 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 6927 OF 2020 (GM-CPC)
BETWEEN:
SHRI KADEMANDA A POOVIAHA
S/O LATE APPACHU
AGED ABOUT 60 YEARS
R/AT KUNDA VILLAGE
PONNAMPET NADU
VIRAJPET TALUK
SOUTH KODAGU-571236.
...PETITIONER
(BY SRI R.S.RAVI, SR.COUNSEL A/W
SRI SUNIL K.N., ADV.)
AND:
Digitally signed by
1. SHRI KADEMADA K KARIAPPA
A K CHANDRIKA S/O LATE KUSHALAPPA
Location: High
Court of Karnataka AGED ABOUT 73 YEARS
2. SRI K K RAVI KUMAR
S/O KARIAPPA
AGED ABOUT 27 YEARS
3. SRI K K SUBRAMANI
S/O LATE KUSHALAPPA
AGED ABOUT 55 YEARS
4. SRI K S PONNAPPA
S/O LATE SOMMAIAH
AGED MAJOR
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WP No. 6927 of 2020
5. SRI K P UTHAPPA
S/O PONNAPPA
AGED ABOUT 41 YEARS
6. SRI K G MONAPPA
S/O LATE GANAPATHY
AGED 45 YEARS
7. SRI K G MANCHAIAH
S/O LATE GANAPATHY
AGED ABOUT 42 YEARS
8. SMT. JANAKKI K N
W/O LATE NANAIAH
AGED MAJOR
RESPONDENTS 1 TO 8 ARE
R/AT KUNDA VILLAGE
PONNAMPET NADU
VIRAJPET TALUK
SOUTH KODAGU-571236.
...RESPONDENTS
(BY SRI RANJAN KUMAR K., ADV. FOR R1 TO R7
R8- SERVED & UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
DATED 24.06.2017 MADE ON I.A.NO.IV IN O.S.NO.29/2017,
ON THE FILE OF THE CIVIL JUDGE AND JMFC, PONNAMPET,
VIDE ANNEXURE-G AND QUASH THE ORDER DATED
01.06.2019 MADE M.A.2/2017 PASSED BY THE SENIOR CIVIL
JUDGE, JMFC, VIRAJPET, VIDE ANNEXURE-J.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 6927 of 2020
ORDER
The petitioner, defendant in O.S.No.29/2017 on the
file of Civil Judge (Jr.Dn.), Ponnampet is before this Court,
questioning the order passed on I.A.No.4 directing the
defendant to keep the gate open for free movement of the
plaintiff, his men and family members over the road in suit
schedule "B" property till the disposal of the suit and also
questioning judgment dated 01.06.2019 by which, order
passed by the trial Court is confirmed.
2. Learned Senior Counsel Sri.R.S.Ravi for
Sri.Vasanthraj, learned counsel for petitioner, after
arguing the matter at length submits that the petition be
disposed of with a direction to the trial Court to dispose of
the suit within a time frame. Learned senior counsel
would submit that the suit is at the stage of plaintiff's
evidence.
3. The parties shall cooperate with the trial Court for
early disposal of the suit by conducting evidence. Without
the cooperation of the parties, the Court would not be in a
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WP No. 6927 of 2020
position to dispose of the suit. The trial Court shall
dispose of the suit within an outer limit of nine months.
With the above writ petition stands disposed of.
The trial Court shall consider the dispute of the
parties on its own merit without being influenced by any
observations made during the course of its interim order.
SD/-
JUDGE
MPK
CT:bms
