Karnataka High Court
Shivaleela And Ors vs Basalingamma And Ors on 5 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:8076
WP No. 203008 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 203008 OF 2023 (GM-CPC)
BETWEEN:
1. SHIVALEELA W/O MAHANTESH
AGE 43 YEARS OCCUPATION HOUSEHOLD
2. NEELAMMA W/O SHIVANNA KOPPADA
AGE 41 YEARS OCCUPATION HOUSEHOLD
3. ANNAPURNA W/O SUGANNA KOPPADA
AGE 39 YEARS OCCUPATION HOUSEHOLD
4. SAVITHA W/O RAMESH
AGE 35 YEARS OCCUPATION HOUSEHOLD
ALL ARE RESIDENT OF HUNASAGI TQ HUNASAGI
DIST YADGIR
Digitally signed
by SUMITRA
SHERIGAR
Location: HIGH ...PETITIONERS
COURT OF
KARNATAKA
(BY SRI. B. BHIMASHANKAR, ADVOCATE)
AND:
1. BASALINGAMMA W/O NANAGOUDA HUVINAHALLI
AGE 48 YEARS OCCUPATION HOUSEHOLD
2. DEVINDRAPPA S/O NAGAGOUDA HUVINAHALLI
AGE 29 YEAS OCCUPATION AGRICULTURE
3. MAHANTESH S/O NAGAGOUDA HUVINAHALLI
AGE 25 YEAS OCCUPATION AGRICULTURE
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NC: 2024:KHC-K:8076
WP No. 203008 of 2023
4. ANAND S/O NANAGOUDA HUVINHALLI
AGE 23 YEARS OCCUPATION AGRICULTURE
ALL ARE RESIDENT MUDNOOR (K) VILLAGE
TQ SHORAPUR DIST YADGIRI-585224
5. AMBRAMMA W/O LATE BASAPPA TALIKOTI
AGE 68 YEARS OCCUPATION HOUSE HOLD
RESIDENT OF MUDNOOR (K) TQ SHORAPUR
DIST YADGIR
6. SHANTAMMA W/O SHARANGOUDA GUNDALGERA
AGE 38 YEARS OCCUPATION HOUSEHOLD
RESIDENT HUVINAHALLI TQ SHORAPUR DIST YADGIR
7. SHEKHAMMA W/O RAMESH BIJJALABHAVI
AGE 48 YEARS OCCUPATION HOUSEHOLD RESIDENT
HUVINAHALLI TQ SHORAPUR DIST YADGIR
8. CHANNAMMA @ EARAMMA W/O BASALINGAPPA SONNA
AGE 46 YEARS OCCUPATION HOUSE HOLD RESIDENT
MUDNOOR (B), TQ SHORAPUR DIST YADGIR
9. SRIDEVI @ DEVAMMA W/O SANGANBASAPPA GOGI
AGE 58 OCCUPATION HOUSE HOLD,
RESIDENT OF HUNASAGI TQ SHORAPUR DIST YADGIR
10. SHIVAMMA W/O LATE BASAPPA TALIKOTI
AGE 68 YEARS OCCUPATION HOUSE HOLD
RESIDENT OF SAGAR TQ SHORAPUR DIST YADGIR
...RESPONDENTS
(V/C/O DTD 05.11.2024 NOTICE TO R1 TO R4 DISPENSED WITH;
V/C/O DTD 7.11.2023 NOTICE TO R5 TO R10 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO (1) ALLOW THE PETITION
AND QUASH THE IMPUGNED ORDER DATED 26-07-2023 ON I.A. NO.
1 FILED UNDER ORDER 41 RULE 5(1) THE CODE OF CIVIL
PROCEDURE 1908 PASSED BY THE LEARNED DISTRICT AND
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NC: 2024:KHC-K:8076
WP No. 203008 of 2023
SESSION JUDGE YADAGIR IN R. A. NO. 20/2022 PRODUCED AT
ANNEXURE-D, ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, 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)
1. In view of the proposed order to be passed in the
present writ petition, notice to respondent Nos.1 to 4 are
dispensed with.
2. This petition by the respondents in
R.A.No.20/2022 on the file of the 1st Appellate Court is
directed against the impugned order dated 26.07.2023
whereby the 1st Appellate Court stayed the operation and
execution of the Judgment and Decree dated 06.08.2022
passed by the trial Court in O.S.No.40/2019 till disposal of
the appeal.
3. A perusal of the material on record will indicate
that the petitioners/plaintiffs instituted a suit in
NC: 2024:KHC-K:8076
O.S.No.40/2019 against the respondents/defendants for
partition and separate possession of their alleged share in
the suit schedule properties and for other reliefs. After
contesting, the said suit came to be decreed in favor of the
petitioners/plaintiffs against the respondents/defendants vide
Judgment and decree dated 06.08.2022 passed by the trial
Court. Aggrieved by this same, the respondents/plaintiffs
preferred an appeal in R.A.No.20/2022 in which the
application for stay filed by them was considered and
culminated in the impugned order dated 06.08.2022
whereby, the first Appellate Court stayed the operation and
execution of the judgment and decree of the trial Court.
Aggrieved by the impugned order passed by the first
Appellate Court staying the judgment and decree of the trial
Court, the petitioners are before this Court by way of the
present petition.
4. After arguing the matter for some time, learned
counsel for the petitioner submits that the present petition
may be disposed of directing the first Appellate Court to
dispose of the appeal within a stipulated time frame.
NC: 2024:KHC-K:8076
5. His submission is placed on record.
6. It is an undisputed fact that the appeal is posted
before the first Appellate Court on 15.11.2024. Under these
Circumstances and in the light of the submission made on
behalf of the petitioners, without expressing any opinion on
the merit/demerits of the rival contentions and by leaving
the same open to be considered by the first Appellate Court,
I deem it just and appropriate to dispose of this petition
directing the first Appellate Court to dispose of the appeal in
R.A.No.20/2022 as expeditiously as possible and preferably
within a period of three months from the date of receipt of a
copy of this order.
7. Subject to the aforesaid directions the writ
petition stands disposed.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SVH
