Karnataka High Court
Shri Gajendra S/O Gurappa Agasimani vs Smt. Vidya W/O Vittappa Hosamani on 23 February, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-D:4468
WP No. 101149 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.101149 OF 2024 (GM-CPC)
BETWEEN:
SHRI GAJENDRA S/O GURAPPA AGASIMANI
AGE 47 YEARS, OCC. AGRICULTURE
R/O BAZAAR ROAD, HIREBAGEWADI
TQ AND DIST. BELAGAVI-591109.
...PETITIONER
(BY SRI. SANTOSH.B.RAWOOT., ADVOCATE)
AND:
1. SMT. VIDYA W/O VITTAPPA HOSAMANI
AGE 55 YEARS, OCC. AGRICULTURE
R/O KALLUR, TQ AND DIST. DHARWAD-581206.
2. SHRI RAVINDRANATH S/O GURAPPA AGASMANI
AGE 48 YEARS, OCC. GOVT. SERVICE/AGRICULTURE
R/O SAYDHARI NAGAR, TQ & DIST. BELAGAVI-591108.
YASHAVANT
NARAYANKAR
3. SMT MANGALA W/O GAJENDRA AGASMANI
Digitally
signed by
YASHAVANT
AGE 38 YEARS, OCC. GOVT. SERVICE/AGRICULTURE
NARAYANKAR
R/O BAZAAR ROAD, HIREBAGEWADI
TQ AND DIST. BELAGAVI-591109.
...RESPONDENTS
(NOTICE TO RESPONDENTS IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION,
SETTING ASIDE THE ORDER DATED. 05/01/2024 PASSED ON
I.A.NO.5 IN FDP.NO.06/2023 BY THE IV ADDL. SENIOR CIVIL JUDGE
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WP No. 101149 of 2024
AND JMFC BELAGAVI VIDE ANNEXURE-N, INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following reliefs.
1. Issue a writ in the nature of certiorari or any
other writ or direction, setting aside the order
dated. 05/01/2024 passed on I.A.No.5 in
FDP.No.06/2023 by the IV Addl. Senior Civil
Judge and JMFC, Belagavi vide Annexure-N,
interest of justice and equity.
2. Pass any such appropriate order as this Hon'ble
Court deems fit, just and proper in the
circumstances of this case, in the ends of
justice and equity.
2. Notice to respondents is dispensed with in view of
the proposed order to be passed.
3. The petitioner had filed a suit in O.S.No.182/2018
before the IV Additional Senior Civil Judge and
JMFC, Belagavi, which came to be decreed. R.F.A
No.100275/2020 having been filed, the same
came to be disposed of modifying the judgment.
Subsequently, FDP No.6/2023 was filed. In the
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meanwhile, there being certain documents
executed, which were disputed by the petitioner,
the petitioner filed O.S.No.1180/2023 seeking for
declaration that those documents are not binding
on the petitioner and for consequential relief of
permanent injunction. The petitioner filed I.A.No.V
in FDP No.6/2023 seeking for stay of FDP
proceedings pending the decision in
O.S.No.1180/2023, which came to be dismissed.
It is challenging said order, the petitioner is before
this Court.
4. I am of the considered opinion that the petitioner
could not have filed an application in the FDP
seeking for stay of the FDP proceedings. Petitioner
ought to have filed necessary application
O.S.No.1180/2023, which that Court could
consider on merits and decide whether the
petitioner had made out sufficient grounds in
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O.S.No.1180/2023 for staying the FDP
proceedings.
5. In that view of the matter, the petition stands
disposed of with liberty granted to the petitioner
to move necessary application in
O.S.No.1180/2023 for stay of FDP proceedings,
which shall be considered by said Court on merits.
6. In view of disposal of the writ petition, pending
interlocutory applications, if any, do not survive
for consideration and are disposed of accordingly.
Sd/-
JUDGE
AM
