Mr. Sreeramappa vs Smt. Mariyamma
2024 Latest Caselaw 9702 Kant

Karnataka High Court

Mr. Sreeramappa vs Smt. Mariyamma on 3 April, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                                      NC: 2024:KHC:13723
                                                               WP No. 12579 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 3RD DAY OF APRIL, 2024

                                                     BEFORE

                              THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

                                 WRIT PETITION NO. 12579 OF 2023 (GM-CPC)

                      BETWEEN:

                      1.     MR. SREERAMAPPA
                             S/O CHIKKA YARRAPPA,
                             AGED ABOUT 51 YEARS,

                      2.     MR. T. Y. MANJUNATHA,
                             S/O CHIKKA YARRAPPA,
                             AGED ABOUT 47 YEARS,

                      3.     MR. CHIKKA YERRAPPA,
                             S/O LATE VENKATAPPA,
                             AGED ABOUT 75 YEARS,

                             ALL ARE R/AT THEELAKUNTAHALLI VILLAGE,
                             SOMENAHALLI HOBLI,
                             GUDIBANDE TALUK.
                                                                           ...PETITIONERS
                      (BY SRI. P.MOHANA CHANDRA, ADVOCATE)

Digitally signed by
VANDANA S             AND:
Location: High
Court of Karnataka
                      SMT. MARIYAMMA
                      AGED 66 YEARS,
                      W/O LATE CHOWDAPPA,
                      R/AT THEELAKUNTAHALLI VILLAGE,
                      SOMENAHALLI HOBLI,
                      GUDIBANDE TALUK.
                                                                           ...RESPONDENT
                      (BY SRI. B.R.RAGHAVENDRA, ADVOCATE)

                              THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION
                      OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED
                      17/02/2023 PASSED BY THE COURT OF SENIOR CIVIL JUDGE,
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                                                   NC: 2024:KHC:13723
                                                WP No. 12579 of 2023




GUDIBANDE IN MA.NO.4/2021 AND THEREBY CONFIRMED THE ORDER
PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, GUDIBANDE,
ALLOWED I.A.NO.1 UNDER ORDER 39 RULE 1 OF CPC IN O.S.NO.28/17
DATED 18.09.2020 VIDE ANNEXURES-R AND P.

       THIS    PETITION,   COMING     ON   FOR    ORDERS,    THIS    DAY,
THE COURT MADE THE FOLLOWING:

                                 ORDER

This petition by the defendants in O.S.No.28/2017 on the file

of the Civil Judge and JMFC, Gudibande, is directed against

the impugned order dated 18.09.2020 passed on I.A.No.1 in favour

of the respondent/plaintiff against the petitioners/defendants

which was confirmed by the First Appellate Court in M.A.No.4/2021

dated 17.02.2023 whereby the said appeal was dismissed.

2. When the matter was posted before this court on 04.07.2023,

this court directed the parties to maintain status quo

in all respects in relation to the suit schedule property.

Subsequently, learned counsel on both sides submits that

the suit have been heard and the matter having been posted

for judgment on 22.02.2024, the trial court is not proceeding

further since the present petition is pending before this court.

3. Under these circumstances, though several contentions

were urged by learned counsel on both sides in respect of their

NC: 2024:KHC:13723

respective claims, without expressing any opinion on

merits/demerits, I deem it just and appropriate to dispose of

this petition by directing the trial court to pronounce judgment

without being influenced from the findings and observations

recorded by the trial court and the First Appellate Court.

It is further directed that till the trial court pronounces the

judgment in the suit, the interim order of status quo passed

by this court shall continue to subsist and shall remain in force

and operate between the parties.

Subject to the aforesaid directions, petition stands

disposed off.

SD/-

JUDGE

AV