Karnataka High Court
Sri. Beeraiah. B vs Sri. Maridollaiah on 5 March, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:9133
WP No. 10183 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 10183 OF 2023 (GM-CPC)
BETWEEN:
SRI. BEERAIAH. B.
S/O. LATE GUARD BEERAIAH,
AGED ABOUT 78 YEARS,
R/AT NO. 201, DEVANGA BEEDI,
YELEKERI,
CHANNAPATNA-562 160,
RAMANAGARA DISTRICT.
...PETITIONER
(BY SRI. ANGADI S V.,ADVOCATE)
AND:
SRI. MARIDOLLAIAH
S/O. DOLLAIAH @ BHOJAIAH,
AGED ABOUT 80 YEARS,
R/AT HUCHAIYANADODDI VILLAGE,
TAGACHAGERE POST,
KASABA HOBLI,
CHANNAPATNA-562 160,
Digitally signed by
VANDANA S RAMANAGARA DISTRICT.
Location: High ...RESPONDENT
Court of Karnataka
(BY SRI. THIMMAIAH K H.,ADVOCATE)
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DTD 06.02.2023 PASSED BY THE LEARNED SENIOR CIVIL JDUGE
AND JMFC CHANNAPATNA IN OS NO.209/2014 (ANNX-F).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
-2-
NC: 2024:KHC:9133
WP No. 10183 of 2023
ORDER
This petition is directed against the impugned order dated
04.02.2023 passed by the Trial Court rejecting I.A.Nos.6 & 7 filed
by the petitioner and consequently passing the impugned judgment
and decree dated 06.02.2023 passed in O.S.No.209/2014 by the
Principal Civil Judge & JMFC, Chennapatna.
2. Heard learned counsel for the petitioner and learned
counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the
respondent No.1-plaintiff instituted the aforesaid suit against the
petitioner-defendant No.1 for permanent injunction and other reliefs
in relation to the suit schedule immovable properties. The
petitioner entered appearance and contested the suit by filing his
written statement on 19.02.2016, the Trial Court passed the order
on I.A.No.3 against the petitioner who challenged the same before
this Court in W.P.No.14000/2020 when the matter was listed
before this Court on 04.12.2020, the following order was passed:
"Issue emergent notice.
In addition to taking usual steps, petitioner is permitted to
serve copies of the petition on the learned counsel
representing the respondents in the Court below, forthwith.
NC: 2024:KHC:9133
Stay of further proceedings in the suit till next date of hearing.
In the meanwhile, petitioner to address office objections.
Interim order shall be released only after office objections are
complied with".
4. It is a matter of record that the aforesaid interim order
under which this Court directed the stay of all further proceedings
before the Trial Court in the suit before the Trial Court continued to
subsist and remain in force till the next date of hearing of the
W.P.No.14000/2020 which was ultimately dismissed on
15.11.2023. In this context, it is relevant to state that between
04.12.2020 and 15.11.2023, the aforesaid W.P.No.14000/2020
was not posted before this Court thereby indicating that the interim
order was clearly in force and operating between the parties. It is
needless to state that the aforesaid interim order passed by this
Court in W.P.No.14000/2020 stayed all further proceedings in the
suit including directing the Trial Court not to pronounce the
judgment or pass any orders in the suit. Despite this, the
applications I.A.Nos.6 & 7 filed by the petitioners were rejected by
the Trial Court on 04.02.2023 consequent upon which the Trial
Court proceeded to pass the impugned judgment and decree on
06.02.2023 decreeing the suit in favour of the respondents against
the petitioner-defendant.
NC: 2024:KHC:9133
5. The aforesaid facts and circumstances clearly established
that the impugned order dated 04.02.2023 rejecting I.A.Nos.6 & 7
and the impugned judgment and decree are clearly a nullity, non-
est and void-ab-initio since same were passed in the teeth/face of
an interim order of stay passed by this Court despite the petitioner
bringing to the notice of the Trial Court about the aforesaid writ
petition and the interim order passed by this Court. It is therefore
clear that the Trial Court did not have jurisdiction or authority of law
to proceed further in the matter and in the event the Trial Court
wanted to proceed further, it was incumbent upon the Trial Court to
request this Court for necessary clarification before proceeding
further in the matter. Under these circumstances, I am of the view
that the Trial Court completely fell in error in not only rejecting
I.A.Nos.6 & 7 but also proceeding to pass the impugned judgment
and decree which is clearly a nullity, non-est and void-ab-initio in
the eye of law warranting interference by this Court in the exercise
of its jurisdiction under Article 227 of the Constitution of India.
6. Learned counsel for the respondent submits that in since
the Trial Court has already passed the judgment and decree in
favour of the respondent against the petitioner, the only remedy
NC: 2024:KHC:9133
available to the petitioner is to challenge the final judgment and
decree and in the present writ petition does not survive for
consideration any longer. The said contention urged on behalf of
the respondent cannot be accepted in view of the aforesaid finding
recorded by me that the impugned order of the Trial Court dated
04.02.2023 and the impugned judgment and decree, both of which
were passed in the teeth/face of an interim order of stay passed by
this Court in W.P.No.14000/2020 are clearly nullity, non-est and
void-ab-initio and as such the said contention urged on behalf of
the respondent is liable to be rejected.
7. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned order dated 04.02.2023 rejecting
I.A.Nos.6 & 7 passed in O.S.No.209/2014 by the Principal Civil
Judge & JMFC, Chennapatna, are hereby set aside. Consequently
the impugned judgment and decree dated 06.02.2023 is also
hereby set aside.
(iii) I.A.Nos.6 & 7 filed by the petitioner, stands allowed.
NC: 2024:KHC:9133
(iv) The matter is remitted back to the Trial Court for
reconsideration afresh in accordance with law.
(v) The parties are directed to appear before the Trial
Court without awaiting further notice on 25.03.2024.
SD/-
JUDGE
DHA
