Disposed

Shri. Basappa S/O Mudakappa Mokashi v. Shri. Shivanagouda S/O Fakiragouda Patil

Karnataka HC27 Mar 2019WP/107606/2018

Case brief

AI extract

What is this about?

The Writ Bench disposed of the writ petition by directing the Senior Civil Judge, Bailhongal, to hear and dispose of the regular appeal within four months. The court also stipulated that parties should not approach police authorities regarding the suit Judgment and decree until the appeal's conclusion.

What did the court decide?

Direction to lower appellate court to dispose of regular appeal within four months; prohibition on parties approaching police authorities regarding suit decree until appeal disposal.

Shri. Basappa S/O Mudakappa Mokashi Vs… — Civil Procedure and Limitation | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF MARCH 2019

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BEFORE

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THE HON’BLE MR. JUSTICE G.NARENDAR

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WRIT PETITION NO.107606/2018 (GM-CPC)

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BETWEEN:

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SHRI. BASAPPA S/O MUDAKAPPA MOKASHI AGE: 65 YEARS, OCC: AGRICULTURE, R/O: CHIKKANANDIHALLI, TQ: KITTUR, DIST: BELAGAVI.

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SHRI.ASHOK S/O MUDAKAPPA MOKASHI AGE: 63 YEARS, OCC: AGRICULTURE, R/O: CHIKKANANDIHALLI, TQ: KITTUR, DIST: BELAGAVI.

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SHRI.MADIWALAPPA S/O MUDAKAPPA MOKASHI AGE: 60 YEARS, OCC: AGRICULTURE, R/O: CHIKKANANDIHALLI, TQ: KITTUR, DIST: BELAGAVI.

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SHRI.SHIVAJI S/O MUDAKAPPA MOKASHI AGE: 57 YEARS, OCC: AGRICULTURE, R/O: CHIKKANANDIHALLI, TQ: KITTUR, DIST: BELAGAVI.

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SHRI.SHANKAR S/O MUDAKAPPA MOKASHI AGE: 54 YEARS, OCC: AGRICULTURE, R/O: CHIKKANANDIHALLI, TQ: KITTUR, DIST: BELAGAVI.

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(BY SRI. SANGRAM S. KULKARNI, ADVOCATE)

... PETITIONERS

AND:

SHRI. SHIVANAGOUDA, S/O FAKIRAGOUDA PATIL AGE: 59 YEARS, OCC: NIL, R/O: CHIKKANANDIHALLI, TQ: KITTUR, DIST: BELAGAVI.

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SHRI.ASHOK @ BABUGOUDA A/F FAKIRAGOUDA PATIL AGE: 63 YEARS, OCC: RETIRED, R/O: CHIKKANANDIHALLI, TQ: KITTUR, NOW AT HUNASHIKATTI GALLI, BAILHONGAL, DIST: BELAGAVI. 3. SMT.CHANNAWWA W/O YALLAPPA AVARADI AGE: 75 YEARS, OCC: HOUSEHOLD, R/O: SUNAGAR ONI, SAVADATTI, DIST: BELAGAVI. ... RESPONDENTS

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(BY SRI. JAGADISH PATIL, ADVOCATE FOR C/R1; SRI. C. S. SHETTAR, ADVOCATE FOR R2; NOTICE TO R3 - SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE COURT OF SENIOR CIVIL JUDGE, BAILHONGAL ON I.A.NO.1 IN R.A.NO.38/2018 DATED:14.11.2018 VIDE ANNEXURE-"G".

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THIS 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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Heard the learned counsel for the petitioners and the learned counsel for the respondents.

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It is submitted that the respondent No.1 is the plaintiff and he had instituted the original suit in O.S.314/2014 in the Court of Civil Judge and CJM, Kittur, praying for the relief of permanent injunction in respect of the suit properties. The trial Court after affording an opportunity to the parties and after appreciating the materials on record and the various contentions, has been pleased to decree the suit by the judgment and decree dated 20.10.2018 and thereby permanently injuncting the petitioners from interfering with the plaintiff’s possession and enjoyment. Aggrieved, the petitioners have preferred R.A.No.38/2018 in the Court of Senior Civil Judge, Bailhongal and therein they preferred an application under Order XLI Rule 5 of CPC, praying for staying the

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operation and execution of the judgment and decree in O.S.No.314/2014. The lower Appellate Court was pleased to reject the application and aggrieved are before this Court in the instant writ petition.

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After hearing the learned counsel for some time, it is submitted by both the counsels that the ends of justice would be met if the lower appellate Court i.e., the Court of Senior Civil Judge, Bailhongal, is directed to expedite the hearing and dispose of the regular appeal in three months.

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Submission of the learned counsels is placed

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on record.

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Writ petition is disposed of with a direction to the Court of Senior Civil Judge, Bailhongal, to hear and dispose of R.A.No.38/2018 within an outer limit of four months from the date of receipt of a certified copy of this order. The trial Court shall not unnecessarily adjourn the hearing or grant adjournment on frivolous

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grounds and shall records its reasons for granting adjournments.

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It is also made clear that, neither of the parties shall approach the Police Authorities till the disposal of the appeal with respect to the adherence or breach of the judgment and decree granted in O.S.No.314/2014 till the disposal of R.A.38/2018.

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The writ petition is ordered accordingly.

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Sd/JUDGE

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gab

Shri. Basappa S/O Mudakappa Mokashi v. Shri. Shivanagouda S/O Fakiragouda Patil

Case brief

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Shri. Basappa S/O Mudakappa Mokashi v. Shri. Shivanagouda S/O Fakiragouda Patil

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