Dismissed

Vinaygouda Sadanand Patil v. the Belgaum Co-Op Cotton

Karnataka HC10 Mar 2017WP/103975/2014

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench, dismissed a writ petition filed under Articles 226 and 227 challenging the trial court's order refusing to treat maintainability and limitation as preliminary issues in a suit for specific performance. The court held that the trial judge has discretion in this matter.

What did the court decide?

The writ petition was rejected and dismissed.

Vinaygouda Sadanand Patil Vs the Belgaum Co-Op Cotton — Specific Performance | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 10^th DAY OF MARCH 2017

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BEFORE

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THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

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Writ Petition No.103975 of 2014 (GM-CPC)

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Between:

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Vinaygouda Sadanand Patil, Age: 22 years, Occupation: Student, Resident of Pant Balekundri Village, Taluk and District: Belgaum. … Petitioner

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(By Shri Ramesh I Zirali, Advocate for Shri Sachin S Magadum)

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And:

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The Belgaum Co-Operative Cotton Spinning Mill Limited, By its Managing Director, Pant Balekundri, Taluk and District: Belgaum (Deputy Registrar of Co-operative Societies)

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Shri. Shankargouda Siddappa Patil, Age: 76 years, Occupation: Advocate, Resident of Pant Balekundri Village, Taluk and District: Belgaum, Now residing at Plot No. 683, Sector No. 5, M. M, Extention, Belgaum.

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Smt. Lata Sadanand Patil Age: 76 years, Occupation: Advocate, Resident of Pant Balekundri Village, Taluk and District: Belgaum.

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Kum. Manjushri D/o Sadanand Patil, Age: Minor, Resident of Pant Balekundri Village, Taluk and District: Belgaum.

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Kum. Shashank S/o Sadanand Patil, Age: Minor, Resident of Pant Balekundri Village, Taluk and District: Belgaum. (respondent Nos.4 and 5 are minors represented by minor guardian respondent No.3)

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Smt. Shakuntala Shivangouda Patil, Age: 45 years, Occupation: Household Work, Resident of Pant Balekundri Village, Taluk and District: Belgaum.

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Smt. Usha Ravindra Patil, Age: 42 years, Occupation: Household Work, Resident of Pant Balekundri Village, Taluk and District: Belgaum.

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Mahananda Balagouda Patil, Age: 41 years, Occupation: Household Work, Resident of Pant Balekundri Village, Taluk and District: Belgaum.

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… Respondents (By Shri R.M. Kulkarni, Advocate for respondent No.1 Shri A.S. Patil, Advocate for respondent Nos.2 and 8 respondent No.3, 6 and 7 are served respondent Nos.4, 5 minors represented by respondent No.3)

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This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 10/02/2014 passed by the II Additional Civil Judge & JMFC, Belgaum in O.S.No.363 of 2012 on I.A.No III produced at Annexure-G, and consequently allow I.A.No III filed before the trial court.

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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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The learned Counsel Shri Sachin S. Magadum is absent. A request is made for adjournment on his behalf and since when the Court insisted that the petition be addressed, the learned counsel on behalf of Shri Magadum seeks that the matter be passed over. However, on noticing the merits of the petition, it is seen that the petitioner was the defendant before the trial Court in a suit for specific performance. He has entered appearance and filed written statement. The Court below has framed issues of which the petitioner had sought issues No.4 and 6 pertaining to the question of maintainability of the suit and limitation, respectively, be heard as preliminary issues. The Court, on considering the application, has found that it was not necessary to treat the said issues as preliminary issues. It is that which is sought to be challenged in the present proceedings.

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The trial Court is the best Judge of which issues should be considered as a preliminary issues and insistence on the part of the

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petitioner that a particular issue be treated as a preliminary issue having been negated by the trial Court is a privilege of the trial Court. There is

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no warrant for interference.

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The petition is rejected.

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Sd/JUDGE

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kmv

Vinaygouda Sadanand Patil v. the Belgaum Co-Op Cotton

Case brief

What is this about?

What did the court decide?

Vinaygouda Sadanand Patil v. the Belgaum Co-Op Cotton

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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