Karnataka High Court
Kumari Laxmi D/O Madivalappa Pamoji vs Sri Hanamanthappa S/O Basavanneppa ... on 28 October, 2024
-1-
NC: 2024:KHC-D:15751
WP No. 106223 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.106223 OF 2024 (GM-CPC)
BETWEEN:
1. KUMARI LAXMI D/O. MADIVALAPPA PAMOJI,
AGE: 25 YEARS, OCC: HOUSEHOLD WORK,
R/O: KAMATI ONI, KAMALAPUR,
DHARWAD - 580 008.
2. SRI GANGADHAR S/O. DODDAPPA SIDAGERI,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: BACHANAKERI, TQ: BAILHONGAL,
DIST: BELAGAVI - 591 115.
3. SRI MADIVALAPPA S/O. ARJUN SHIBARGATTI,
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: KAMAT ONI, KAMALAPUR,
DHARWAD - 580 008.
...PETITIONERS
(BY SRI R. H. ANGADI, ADVOCATE)
AND:
Digitally signed
by SAROJA
HANGARAKI
SRI HANAMANTHAPPA S/O. BASAVANNEPPA
Location: High SHIBARGATTI, AGE: 55 YEARS, OCC: AGRICULTURE,
Court of
Karnataka R/O: SHIBARGATTI VILLAGE,
TQ AND DIST: DHARWAD - 581 105.
...RESPONDENT
(BY SRI ROHIT S. PATIL, ADVOCATE FOR
SRI SHRIKANT T. PATIL,
SRI KAMALAKAR M.S., ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO, PASS AN ORDER IN THE
NATURE OF WRIT OF CERTIORARI OR QUASH THE IMPUGNED ORDER
DATED 01.10.2024, IN RA NO.61/2024, ON IA NO.II FILED UNDER
ORDER 41 RULE 5(1) R/W SEC. 151 OF CPC, BY THE COURT OF 3RD
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, VIDE
ANNEXURE-H, AND CONSEQUENTLY ALLOW THE IA NO. II, FILED
-2-
NC: 2024:KHC-D:15751
WP No. 106223 of 2024
UNDER ORDER 41 RULE 5(1) R/W SECTION 151 OF CPC ON R.A
NO.61/2024, ON THE FILE OF 3RD ADDITIONAL DISTRICT AND
SESSIONS JUDGE, DHARWAD VIDE ANNEXURE-F, TO MEET THE
ENDS OF JUSTICE AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present writ petition is filed seeking for the following
reliefs:
a) Pass an order in the nature of writ of certiorari or
quash the impugned order dated 01.10.2024, in
Rule 5(1) R/W Sec. 151 of CPC, by the Court of 3rd
Additional District and Sessions Judge, Dharwad,
Vide Annexure-H, and consequently allow the IA
No. II, filed Under Order 41 Rule 5(1) R/W Section
Additional District and Sessions Judge, Dharwad
vide Annexure-F, to meet the ends of justice.
b) Kindly grant any order or other direction or relief
which are deemed fit in the facts and
circumstances of the case in hand, to meet the
ends of justice.
NC: 2024:KHC-D:15751
2. The factual matrix in a nutshell is that the
respondent instituted a suit in O.S.No.151/2013 before the
Principal Senior Civil Judge Dharwad1 for declaration and
injunction wherein the petitioners have been arrayed as
defendants 1 to 3. The Trial Court by its judgment and decree
dated 02.08.2024 decreed the suit and passed the following
order:
"Suit of the plaintiff is decreed with cost in
following terms :
a) It is hereby declare that the plaintiff is
the owner of the suit property.
b) Further the defendants or anybody claims
through them are hereby restrained from causing
any obstacles towards the peaceful possession and
enjoyment of the suit schedule property by the
plaintiff by way of permanent injunction.
c) Further it is declare that the
relinquishment deed dtd. 18.07.2016 executed by
defendant No.1 in favour of defendant No.4 and
the gift deed dtd. 30.12.2009 executed by
defendant No.2 in favour of defendant No.1 is
illegal, null and void and not binding on the rights
and interest of the plaintiff.
Draw decree accordingly."
Hereinafter refereed as "the Trial Court"
NC: 2024:KHC-D:15751
3. Being aggrieved, the petitioners preferred
R.A.No.61/2024 before the Principal District and Sessions
Judge, Dharwad2. The petitioners filed I.A.No.2 under Order XLI
Rule 5(1) read with Section 151 of the Code of Civil Procedure,
19083 for stay of the judgment and decree in the suit. The First
Appellate Court by its order dated 01.10.2024 dismissed the
said application. Being aggrieved, the present writ petition is
filed.
4. Heard the submissions of learned counsel Sri. R. H.
Angadi for the petitioners and learned counsel Sri. Rohit S Patil
for the respondent.
5. Although various contentions have been put forth
by both the counsel, without adjudicating upon the said
contentions, having regard to the fact that the first appeal filed
by the petitioner in R.A.No.61/2024 is pending before the First
Appellate Court, the present writ petition is disposed off with a
direction that pending consideration of R.A.No.61/2024 before
the First Appellate Court, no change shall be made in the
revenue records pertaining to the suit property pursuant to the
Hereinafter referred as "the First Appellate Court"
Hereinafter referred as "CPC"
NC: 2024:KHC-D:15751
judgment and decree dated 02.08.2024 in O.S.No.151/2013
passed by the Trial Court. It is further ordered that pending
consideration of R.A.No.61/2024, the petitioners, who are the
appellants in the first appeal, shall also not alienate the
property in any manner.
6. All contentions of both the parties are kept open.
SD/-
(C.M. POONACHA)
JUDGE
YAN
CT-ASC
