Karnataka High Court
Smt Subbamma vs Sri P Nagaraju on 28 June, 2024
-1-
NC: 2024:KHC:24172
WP No. 1405 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.1405 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. SUBBAMMA
W/O LATE PUTTANNAIAH,
AGED ABOUT 80 YEARS,
AGRICULTURIST,
R/AT MUTHINA MULLUSOGE VILLAGE,
HARANAHALLI HOBLI,
PERIYAPATNA TALUK-571107
REP. BY IT'S GPA HOLDER
H.K. PUTTANAYAKA.
2. SMT PUTTAMMA
W/O LATE PUTTANNAIAH
R/AT MUTHINA MULLUSOGE VILLAGE
HARANAHALLI HOBLI
Digitally
PERIYAPATNA TALUK-571 107.
signed by V
MANJUSHA
BAI ...PETITIONERS
Location: High [BY SMT. RADHIKA K., ADVOCATE FOR
Court of
Karnataka SMT. KAVITHA D., ADVOCATE (VC)]
AND:
1. SRI P NAGARAJU
S/O LATE PUTTANNAIAH (RAMANAYAKA)
AGED ABOUT 53 YEARS,
AGRICULTURIST,
R/AT MUTHINAMULLUSOGE VILLAGE,
HARANAHALLI HOBLI,
PERIYAPATNA TALUK-571 107.
...RESPONDENT
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NC: 2024:KHC:24172
WP No. 1405 of 2024
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI BY SETTING ASIDE THE ORDER DATED
09.11.2023 PASSED BY THE LEARNED ADDITIONAL CIVIL
JUDGE AND JMFC., PERIYAPATNA IN FDP.2/2019 VIDE
ANNEXURE-F AND THEREBY GRANTING A MORATORIUM TIME
OF THREE MONTHS TO THE PETITIONER FOR FILING A
PETITION BEFORE THE HON'BLE SUPREME COURT
CHALLENGING THE JUDGMENT DATED 20.09.2022 PASSED BY
THE HON'BLE JUDGE BEFORE THIS HON'BLE COURT SO THAT
THE PETITIONER WILL BE ABLE TO ARRANGE FUNDS FOR THE
FILING THE SAID PETITION, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Aggrieved by the order dated 09.11.2023 passed on
I.A.No.III in FDP No.2/2019 by the Court of Additional Civil
Judge and JMFC, Periyapatna, the respondents therein
have preferred this writ petition.
2. O.S.No.237/2012 was filed before the trial Court for
partition and separate possession of the suit schedule
properties. Pursuant to the judgment passed in the said
original suit, a regular appeal was filed and against that
RSA No.693/2020 was filed before this Court and the said
regular second appeal has been dismissed. Aggrieved by
NC: 2024:KHC:24172
the same, the petitioners herein have preferred Special
Leave Petition before the Hon'ble Supreme Court. In the
meanwhile, the petitioners have made an application in
FDP No.2/2019, contending that the further proceedings in
the final decree proceedings have to be stayed in the light
of the petitioners approaching the Supreme Court. As no
interim orders have been passed in the said special leave
petition, the said application has been dismissed by the
trial Court. Aggrieved by the same, the present writ
petition is filed.
3. Admittedly, in the original suit, partition of the
properties have been ordered in a particular manner. In
the regular appeal, the order passed in the original suit
has been confirmed. The same has been again confirmed
by this Court in the regular second appeal. Special Leave
Petition has been preferred against an order passed by
this Court. Mere filing of special leave petition does not
give a right to the parties to ask for stay of execution of
the order passed in the original suit. For that reason, I do
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not see any error in the order passed by the trial Court on
I.A.No.III.
4. For the said reason, the writ petition is hereby
dismissed.
5. Pending interlocutory applications, if any, stand
dismissed.
Sd/-
JUDGE
VMB
