Karnataka High Court
Savitri D/O Oppattayya Viraktamath vs Shivakumarayya A/F Revanasiddayya on 22 April, 2024
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2024:KHC-D:6648
WP No. 102170 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI
WRIT PETITION NO. 102170 OF 2024 (GM-CPC)
BETWEEN:
1. SAVITRI D/O. OPPATTAYYA VIRAKTAMATH,
AGE: 26 YEARS, OCC: HOUSE HOLD,
R/O SHIPARAMATTI, TQ: BADAMI.
2. SUNITA D/O. OPPATTAYYA VIRAKTAMATH,
AGE: 24 YEARS, OCC: HOUSE HOLD,
R/O. B.N. JALIHAL, TQ: BADAMI.
3. LEELAWWA W/O. KUMARASWAMI VASTRAD,
AGE: 41 YEARS, OCC: HOUSE HOLD
R/O KOTABAL, TQ: RON,
DIST: GADAG.
4. MUTTAYYA S/O. ADAVAYYA VIRAKTAMATH,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O NEELAGUND, TQ: BADAMI.
Digitally signed by 5. GEETA W/O. JAGADISH PURANIK,
CHANDRASHEKAR AGE: 27 YEARS, OCC: HOUSE HOLD,
LAXMAN KATTIMANI
Location: HIGH COURT
R/O. HIREHAL, TQ: RON,
OF KARNATAKA DIST: GADAG.
DHARWAD BENCH
...PETITIONERS
(BY SRI VITHAL S. TELI, ADVOCATE)
AND:
1. SHIVAKUMARAYYA
A/F REVANASIDDAYYA SHIVAPPAYYANAMATH,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O NEEALGUND, TQ: BADAMI.
2. SHARAWWA
W/O. SHIVAMURTAYYA SHIVAPPAYYANAMATH,
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WP No. 102170 of 2024
AGE: 55 YEARS, OCC: HOUSEHOLD,
R/O NEELAGUND, TQ: BADAMI.
3. REVANASIDDAYYA
S/O. SHIVAMURTAYYA SHIVAPPAYYANAMATH,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O. NEELAGUND, TQ: BADAMI.
4. VEERABHADRAYYA
S/O. TOTAYYA SHIVAPPAYYANAMATH,
AGE: 60 YEARS, OCC: AGRCULTURE,
R/O NEELAGUND, TQ: BADAMI.
5. SANGAYYA
S/O. TOTAYYA SHIVAPPAYYANAMATH,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. NEELAGUND, TQ: BADAMI.
6. SANGAWWA
W/O. MAHALINGAYYA YALAVI,
AGE: 50 YEARS, OCC: HOUSE HOLD,
R/O. C/O. MAHALINGAYYA YALAVI,
MECHANIC KSRTC DEPOT,
ATHANI, DIST: BELAGAVI.
7. IRAMMA
W/O. OPPATTAYYA VIRAKTAMATH,
AGE: 50 YEARS, OCC: HOUSE HOLD,
R/O. NEELAGUND, TQ: BADAMI,
8. SAVITA
W/O. MAHANTESH PATIL,
AGE: 32 YEARS, OCC: HOUSE HOLD,
R/O NEELAGUND, TQ: BADAMI.
9. SHIVAWWA
W/O. BASAYYA SALIMATH,
AGE: 42 YEARS, OCC: HOUSE HOLD,
R/O ABBIGERI, TQ: RON, DIST: GADAG.
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WP No. 102170 of 2024
10. SHARAWWA
W/O. REVANAYYA VIRAKTAMATH,
AGE: 39 YEARS, OCC: HOUSE HOLD,
R/O. SIRAGUPPI, TQ: BILAGI.
11. DYAVAPPA
S/O. SATYAPPA KYATANNAVAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O ALADAKATTI, TQ: BADAMI,
DIST: BAGALKOT.
RAVASAHEB
S/O. SHESHAGIRIRAO DESAI,
DIED BY HIS LRS
12. SANTOSH
S/O. RAVASAHEB DESAI,
AGE: 48 YEARS, OCC: AGRCULTURE,
R/O NEELAGUND, TQ: BADAMI,
DIST. BAGALKOT.
13. SURESH
S/O. RAVASAHEB DESAI,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O. NEELAGUND, TQ: BADAMI,
DIST. BAGALKOT.
14. UMESH
S/O. RAVASAHEB DESAI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O. NEELAGUND, TQ: BADAMI
DIST. BAGALKOT.
15. RAMABAI
W/O. PRAKASH DESAI,
AGE: 54 YEARS, OCC: HOUSEHOLD WORK,
R/O NEELAGUND, TQ: BADAMI,
DIST. BAGALKOT.
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16. PRATIBHA
W/O. SHIVAKUMAR DESAI,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O NEELAGUND, TQ: BADAMI,
DIST. BAGALKOT.
17. BHAGYASHREE
W/O. ARUNKUMAR DESAI,
AGE: 26 YEARS, OCC: HOUSEHOLD WORK,
R/O. NEELAGUND, TQ: BADAMI,
DIST. BAGALKOT.
18. MANJUNATH
S/O. PRAKASH DESAI,
AGE: 24 YEARS, OCC: AGRICULTURE,
R/O NEELAGUND, TQ: BADAMI,
DIST. BAGALKOT.
19. PRIYANKA
D/O. PRAKASH DESAI,
AGE: 22 YEARS, OCC: HOUSEHOLD WORK,
R/O. NEELAGUND, TQ: BADAMI,
DIST. BAGALKOT.
20. KRISHNARAO
S/O. SHESHAGIRIRAO DESAI,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O NEELAGUND, TQ: BADAMI,
DIST. BAGALKOT.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE ORDER DATED 21.03.2024 PASSED ON
I.A. NO.1 IN MISC NO.8/2024 WHICH IS PRODUCED AT ANNEXURE-F
BY SENIOR CIVIL JUDGE AND JMFC, BADAMI.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 102170 of 2024
ORDER
This writ petition is filed seeking for following relief:
"Issue a writ of certiorari quashing the order dated
21.03.2024 passed on I.A. no.1 in Misc no.8/2024
which is produced at Annexure-F by Senior Civil Judge
and JMFC, Badami."
2. Sri Vitthal S. Teli, learned counsel for petitioners
submitted petitioners no.1 to 5 herein were defendants no.8, 9,
11, 13 and 14 in O.S.no.39/2012 on file of Senior Civil Judge &
JMFC., Badami, disposed of on 20.06.2019. It was submitted,
petitioners were unaware of judgment and decree for want of
proper service of summons, until interference by respondents
during pendency of Final Decree Proceeding. Immediately on
enquiry and realizing impugned judgment and decree passed
by trial Court, petitioners filed Misc. petition no.8/2024 under
Order 9 Rule 13 of CPC. In said petition, application under
Section 151 of CPC for stay of operation and execution of
judgment and decree in O.S.no.39/1012 was filed. However,
trial Court refused to grant ex-parte interim order on ground
that service of summons was affected on petitioners by Janata
service. It was submitted petitioners i.e., defendants no.8, 9,
11, 13 and 14 had not engaged any counsel and despite same,
they were shown as represented under memo of appearance.
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3. It was submitted, since no share was allotted to
petitioners and Final Decree Proceedings were at conclusive
stage, sought for interim order.
4. Perusal of judgment and decree dated 20.06.2019
passed in O.S.no.39/2012 at Annexure-A does not indicate that
petitioners, who were defendants in said suit were part of joint
family and entitled to share. Impugned decree does not
indicate any share allotted to them. Perusal of miscellaneous
petition at Annexure-D also does not indicate basis for claiming
interest in any of suit schedule properties. Therefore, same
would be matter of evidence. Hence, I am not satisfied that
impugned order calls for interference. Trial Court has not
denied or rejected interim prayer. Therefore, there are no good
or sufficient grounds to interfere with impugned order at this
stage.
In above terms, writ petition stands dismissed.
All contentions are kept open to be urged after service of
notice.
Sd/-
JUDGE
