Karnataka High Court
Sri.Mundrigi Basavaraja S/O Mundrigi ... vs Smt.Anusuyamma Alias Sankramma W/O ... on 11 November, 2024
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NC: 2024:KHC-D:16479
WP No. 100963 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.100963 OF 2021 (GM-CPC)
BETWEEN:
1. SRI. MUNDRIGI BASAVARAJA
S/O. MUNDRIGI NAGAPPA,
AGED ABOUT 62 YEARS, OCC: AGRICULTURIST,
R/O: HAMPA PATTANA VILLAGE, TQ: H. B. HALLI,
DIST: BALLARI, PIN CODE: 583 222.
2. SRI MUNDRIGI ESHAPPA S/O. MUNDRIGI NAGAPPA,
AGED ABOUT 47 YEARS, OCC: AGRICULTURIST,
R/O: HAMPA PATTANA VILLAGE,
TQ: H. B. HALLI, DIST: BALLARI,
PIN CODE: 583 222.
...PETITIONERS
(BY SRI A. B. PATIL MADAPUR, ADVOCATE)
AND:
Digitally signed
1. SMT. ANUSUYAMMA @ SANKRAMMA
by SAROJA
HANGARAKI
W/O. METI SARANAPPA,
Location: High AGED ABOUT 57 YEARS,
Court of
Karnataka OCC: COOLIE WORK, R/O: BOBBUGUNTI,
BALLARI, TQ AND DIST: BALLARI,
PIN CODE: 583 101.
2. SMT. GOURAMMA W/O. MALLIKARJUNA,
AGED ABOUT 55 YEARS, OCC: HOUSEWIFE,
R/O: KALLU KUTIGINAHALLI,
TQ AND DIST: BALLARI,
PIN CODE: 583 101.
SMT. NEELAMMA W/O. MALLIKRJUNAGOUDA N.
AND D/O. M. NAGAPPA,
SINCE DECEASED BY HER LR'S.
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WP No. 100963 of 2021
3. VEERABHADRI S/O MALLIKARJUNAGOUDA N.,
AGED ABOUT 34 YEARS.
4. AKKAMMA D/O. MALLIKARJUNAGOUDA,
AGED ABOUT 29 YEARS, UNMARRIED,
UNSOUND MIND, REP. BY HER GUARDIAN I.E.,
RESPONDENT NO.3.
BOTH ARE R/O: D NAGENAHALLI VILLAGE,
TQ AND DIST: BALLARI, PIN CODE: 583 211.
SMT. ANNAPURNAMMA
W/O. PAMPANAGOUDA AND D/O. M. NAAPPA,
SINCE DECEASED BY HER LRS.,
5. BASAVANAGOUDA S/O. PAMPANAGOUDA,
AGED ABOUT 51 YEARS.
6. NAGARATHNA D/O. PAMPANAGOUDA,
AGED ABOUT 49 YEARS, HOUSEWIFE.
7. SHARANAMMA S/O. LATE MALLIKARJUNAGOUDA,
AGED ABOUT 46 YEARS, OCC: HOUSEWIFE.
8. SANNA BASAVANAGOUDA @ BUJJI
S/O. PAMPANAGOUDA,
AGED ABOUT 46 YEARS,
ALL ARE R/O: SIRIGERI VILLAGE,
TQ: SIRAGUPPA, DIST: BALLARI,
PIN CODE: 583 120.
...RESPONDENTS
(BY SRI MOHAMMED ABRAR, ADVOCATE FOR
SRI SABEL AHMED, ADVOCATE FOR R2 APPEARED
THROUGH V.C.;
NOTICE TO R1 IS SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN
THE NATURE OF CERTIORARI, BY SETTING ASIDE THE IMPUGNED
ORDER DATED 01/03/2021, ON I.A.NO.7, IN O.S.NO.30/2019,
PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, AT
HAGARI BOMMANA HALLI, VIDE ANNEXURE-E AND ETC.,
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WP No. 100963 of 2021
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present writ petition is filed seeking for the
following reliefs:
a) "Issue a writ in the nature of Certiorari, by
setting aside the Impugned Order
dtd:01.03.2021, on I.A No.7, in O.S
No.30/2019, passed by the Learned Senior Civil
Judge & JMFC, at Hagari Bommana Halli, vide
Annexure-E.
b) Issue such any other appropriate writ, order
or direction as this Hon'ble Court deems fit
under the facts and circumstances of the case,
in the interest of justice and equity."
2. The relevant facts leading to the present writ
petition in brief are that the respondent Nos.1 and 2
instituted a suit in O.S No.30/2019 for partition and
separate possession. The said suit was contested by the
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defendants. After both the parties had addressed their
arguments and the matter was reserved for judgment, the
plaintiffs filed I.A No.7 under Order 18 Rule 17 R/w
Section 151 of the Code of Civil Procedure, 19081, to recall
the PW.2 to mark documents. The said application was
opposed by the defendants. The Trial Court, vide order
dated 01.03.2021, allowed the said application. Being
aggrieved, the present writ petition is filed.
3. Heard submissions of learned counsel
Sri.A.B.Patil for the petitioners and learned counsel
Sri.Mohammed Abrar for respondent No.2.
4. It is forthcoming that the Trial Court while
allowing I.A No.7 has ordered as follows:
"Heard the arguments on I.A.
Perused.
The case is reserved for arguments.
Though it was reserved for judgment due to
want of clarification judgment has not ready and
posted for arguments. At this juncture plaintiff
filed the application to recall the PW-2 for
further examination. In order to give the
Hereinafter referred to as the 'CPC'
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opportunities to the parties IA deserves to be
allowed. No grounds to dismiss the IA.
Accordingly, IA-7 U/o. 18 Rule 17 of CPC is
hereby allowed on cost of Rs.500/-."
5. It is further relevant to note that in the affidavit
filed in support of I.A No.7, the plaintiff No.2 has deposed
that recently he has traced out some documents
pertaining to the suit schedule properties and they are
necessary to get the same mark. In the said affidavit, it is
not stated as to what are the documents that have been
traced out, which are required to be marked. No
application is filed for producing the said documents.
6. It is relevant to note that the Trial Court had
heard the arguments of both the parties and the matter
was posted for judgment vide order dated 27.01.2021.
Thereafter, the application has been filed by the
defendants on 16.02.2021, after two dates of the matter
being posted for judgment.
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7. The plaintiff has miserably failed in
demonstrating that I.A No.7 was required to be favorably
considered.
8. The Trial Court without noticing the reason for
seeking to recall of PW.2 as stated in the affidavit
accompanying I.A No.7, merely on the ground that due to
want of clarification of the judgment was not ready,
allowed I.A No.7. The said finding of the Trial Court is
erroneous and liable to be interfered with.
9. Hence, the following:
ORDER
a) The writ petition is allowed.
b) The order dated 01.03.2021 passed on I.A
No.7 in O.S No.30/2019 on the file of Senior
Civil Judge & JMFC, Hagaribommanahalli, is
set aside.
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c) I.A No.7 filed in O.S No.30/2019 on the file
of Senior Civil Judge & JMFC,
Hagaribommanahalli, is dismissed.
Sd/-
(C.M. POONACHA)
JUDGE
PMP
