Allowed

Subhas Shivamurtheppa Koonannavar, v. Smt. Halamma W/O Channabasappa Shyagoti

Karnataka HC27 Sept 2013WP/69270/2010

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed an order condoning delay in a civil application without notice to the petitioner. The Court held that such procedural impropriety violates the principles of natural justice and irrationality.

What did the court decide?

Impugned order allowing I.A. No.1 dated 03/11/2010 is quashed. Court below directed to hear both parties and pass a fresh order.

Subhas Shivamurtheppa Koonannavar, Vs Smt… — Civil Procedure and Limitation | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF SEPTEMBER, 2013

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BEFORE

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THE HON’BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

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WRIT PETITION No.69270/2010 (GM-CPC)

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BETWEEN:

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SUBHAS SHIVAMURTHEPPA KOONANNAVAR, AGE: 35 YEARS, OCC: AGRICULTURE, AT. HANAMAPUR, HALIVASTI, NARAYANPUR, TQ. SHIRAHATTI, DIST. GADAG. ... PETITIONER

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(BY SRI G N NARASAMMANAVAR, ADV.)

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AND

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SMT. HALAMMA W/O CHANNABASAPPA SHAYAGOTI, AGE: 80 YEARS, OCC: AGRICULTURE, R/O NARAYANPUR, TQ. SHIRAHATTI, DIST. GADAG.

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SMT. SHANTAVVA W/O BASAPPA KOONANNAVAR, AGE: 55 YEARS, OCC: HOUSEWIFE, R/O HANUMAPUR, TQ. RANEBENNUR, DIST. HAVERI.

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SMT. DEVAKKA W/O RAMANGOUDA GAREGOUDAR, AGE: 52 YEARS, OCC: HOUSEWIFE, R/O NARAYANPUR, TQ. SHIRAHATTI DIST. GADAG

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SMT. SHIVAKKA W/O MADEVAPPA PUJAR, AGE: 48 YEARS, OCC: HOUSEWIFE, R/O BENTUR, TQ. & DIST. GADAG.

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... RESPONDENTS

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(BY SRI LAXMAN T MANTAGANI, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03/11/2010, PASSED BY THE CIVIL JUDGE (JR.DN.) LAXMESHWAR IN CIVIL MISC. PETITION NO.5/2010 ON I.A. NO.1, FILED UNDER SECTION 5 R/W. SECTION 17 OF THE LIMITATION ACT I.E. ANNEXURE-D.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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O.S. No.272/1997 filed by the petitioner in the Court of Civil Judge (Jr. Dn.) Laxmeshwar, having been decreed on 24.02.2006, respondents filed Civil Miscellaneous Petition No.5/2010, under Order 9 Rule 13 read with Section 151 CPC. The delay having been condoned on 03.11.2010, without issue of notice to the petitioner, assailing the said order, this writ petition has been filed.

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Heard the learned counsel for the petitioner and perused the writ record.

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I.A. No.1 has been allowed by the Court below, without notifying the respondents in the Civil Miscellaneous Petition No.5/2010. Such a course of action is not permissible. Delay could not have been condoned, without providing an opportunity of hearing to the opposite side. There is procedural impropriety and an irrational act on the part of the Court below, in allowing I.A. No.1 vide order dated 03.11.2010.

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In the result, the writ petition is allowed and the order passed on I.A.No.1 in Civil Miscellaneous Petition No.5/2010 on 03.11.2010 is hereby quashed.

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Petitioner is permitted to file objections to I.A. No.1, within a period of three weeks from the date a copy of this order becomes available.

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The Court below is directed to consider I.A. No.1 along with the objections, hear both parties and pass order. No costs.

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SD/JUDGE

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Rsh

Subhas Shivamurtheppa Koonannavar, v. Smt. Halamma W/O Channabasappa Shyagoti

Case brief

What is this about?

What did the court decide?

Subhas Shivamurtheppa Koonannavar, v. Smt. Halamma W/O Channabasappa Shyagoti

Case brief

What is this about?

What did the court decide?

What the court decided

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