Karnataka High Court
Allabux S/O Fareed Patel And Anr vs Aktar Begum W/O Mashak Sab And Anr on 4 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC-K:8019
WP No. 200519 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.200519 OF 2023 (GM-CPC)
BETWEEN:
1. ALLABUX
S/O FAREED PATEL,
AGE: 51 YEARS,
OCC: AGRICULTURE,
R/O ASSAR MOHALLA, CHITTAPUR,
TQ. CHITTAPUR,
DIST. KALABURAGI-585 211.
2. ABDUL RAHIM
S/O FAREED PATEL,
AGE: 46 YEARS,
OCC: AGRICULTURE,
R/O ASSAR MOHALLA, CHITTAPUR,
Digitally signed
by SUMITRA TQ. CHITTAPUR,
SHERIGAR DIST. KALABURAGI-585 211.
Location: HIGH
COURT OF
KARNATAKA ...PETITIONERS
(BY SRI B. K. HIREMATH, ADVOCATE)
AND:
1. AKTAR BEGUM
W/O MASHAK SAB,
AGE: 56 YEARS,
OCC: HOUSEHOLD,
R/O RAYAPPA CHAWL, CHITTAPUR,
-2-
NC: 2024:KHC-K:8019
WP No. 200519 of 2023
TQ. CHITTAPUR,
DIST. KALABURAGI-585 211.
2. MASTANBEE
W/O IQBAL MIYAN,
AGE: 40 YEARS,
OCC: HOUSEHOLD,
R/O KALABURAGI-585 103.
...RESPONDENTS
(SRI B. C. JAKA, ADV. FOR R1;
V/O DATED 04.11.2024, NOTICE TO R2 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED
ORDER PASSED BY THE CIVIL JUDGE AND JMFC, CHITTAPUR
VIDE ANNEXURE-F DATED 14.07.2022 IN O.S.NO.22/2011 AND
ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
This petition by defendant Nos.2 and 3 in O.S.No.22/2011
on the file of Civil Judge and JMFC, Chittapur is directed against
the impugned order dated 14.07.2022, whereby the application
filed by respondent No.1/plaintiff under Sections 152 and 153
of the Code of Civil Procedure, seeking amendment of the
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preliminary decree passed in the said suit was allowed by the
Trial Court.
2. A perusal of the material on record will indicate
that, respondent No.1/plaintiff instituted a suit in
O.S.No.22/2011 against the petitioners and respondent
No.2/defendants for partition and separate possession of her
alleged share in the suit schedule properties. After contest, the
said suit was partly decreed in favour of respondent
No.1/plaintiff vide judgment and decree dated 27.10.2014.
Aggrieved by the same, the petitioners herein preferred
R.A.No.18/2014, which was dismissed by the First Appellate
Court on 24.08.2016. Aggrieved by the same, the petitioners
have preferred RSA No.200142/2022, which is pending before
this Court. Meanwhile, respondent No.1/plaintiff filed the
instant application, seeking amendment of the preliminary
decree, which was allowed by the Trial Court by passing the
impugned order, which is assailed in the present petition.
3. Though several contentions have been urged by
both sides in support of their respective claims, it is an
undisputed fact and matter of record that, the preliminary
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decree, which is sought to be corrected by way of the instant
application filed by respondent No.1 is the subject matter of
RSA No.200142/2022, which is currently pending before this
Court.
4. Under these circumstances, without expressing any
opinion on the merits/demerits of rival contentions,
I deem it just and appropriate to set aside the impugned order
and remit the matter back to the Trial Court for reconsideration
of the application dated 01.06.2022 filed by respondent No.1
under Sections 152 and 153 of CPC, after disposal of RSA
No.200142/2022 by this Court.
5. In the result, I pass the following:
ORDER
i. The petition is allowed.
ii. The impugned order dated 14.07.2022 passed
on the application filed by respondent No.1
under Sections 152 and 153 of CPC in
O.S.No.22/2011 by the Civil Judge and JMFC,
Chittapur is hereby set aside.
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iii. The matter is remitted back to the Trial Court
for reconsideration of the application dated
01.06.2022 filed by respondent No.1/plaintiff,
after disposal of RSA No.200142/2022 by this
Court.
iv. All rival contentions on all aspects of the matter
are kept open and no opinion is expressed on
the same.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
LG
