Dismissed

Andappa S/O Ningappa Malagi v. Ramanna S/O Fakirappa Malagi

Karnataka HC1 Feb 2019WP/107777/2018

Case brief

AI extract

What is this about?

High Court rejected writ petition challenging order dismissing petitioner's application to withdraw civil suit with liberty to file fresh suit. Quashed order appealed deemed unnecessary as applicant must pursue rights in pending suit filed by his children for partition of same property.

What did the court decide?

Writ petition rejected; petitioner to file case in pending suit.

Andappa S/O Ningappa Malagi Vs Ramanna S/O Fakirappa… — Property and Title | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 01^ST DAY OF FEBRUARY, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE G. NARENDAR

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WRIT PETITION No.107777 OF 2018 (GM-CPC)

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BETWEEN

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ANDAPPA S/O NINGAPPA MALAGI AGE: 60 YEARS, OCC: AGRICULTURE, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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... PETITIONER

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(BY SRI. T. M. NADAF, ADV., FOR SRI. SADIQ N. GOODWALA, ADV., FOR PETITIONER)

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AND

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RAMANNA S/O FAKIRAPPA MALAGI, DECEASED BY HIS LRS,

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1. DEVAMMA

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W/O RAMANNA MALAGI, AGE: 85 YEARS, OCC: AGRICULTURE, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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YALLAWWA W/O KALAKAPPA KATTIMANI, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O: KAKKALAKATTI,

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TQ: RON.

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GURUBASAPPA S/O RAMANNA MALAGI AGE: 55 YEARS, OCC: AGRICULTURE, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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SHARNAPPA S/O RAMANNA MALAGI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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ISHAPPA S/O RAMANNA MALAGI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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FAKIRAPPA S/O VEERAPPA @ IRAPPA MALAGI BY IS LRS,

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FAKEERAWWA W/O FAKEERAPPA MALAGI, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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SIDLINGAPPA S/O FAKEERAPPA MALAGI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: KUKANUR,

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TQ: YELBURGA, DIST: KOPPAL.

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RATNAWWA W/O ANDAPPA HIREHOLI, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O: YARIHANCHINAL, TQ: YELBURGA, DIST: KOPPAL.

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BASAPPA S/O FAKEERAPPA MALAGI AGE: 39 YEARS, OCC: AGRICULTURE, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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GUDNEPPA S/O VEERAPPA @ IRAPPA MALAGI, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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SIVAPPA S/O NINGAPPA MALAGI BY HIS ILRS,

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BHIMAWWA W/O SHIVAPPA MALAGI, AGE: 65 YEARS, OCC: HOUSEHOLD, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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MANJUNATH S/O SHIVAPPA MALAGI AGE: 47 YEARS, OCC: PRIVATE EMPLOYEE,

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R/O: NO.45/6, NAGAMMA STREET, 4^TH CROSS, NELAMANGALA, BENGALURU.

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KASINATH S/O SHIVAPPA MALAGI AGE: 44 YEARS, OCC: GOVT. EMPLOYEE, R/O: NO.42/1, 2^ND CROSS, GANGANAGAR, BENGLAURU.

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NINGAPPA S/O SHIVAPPA MALAGI AGE: 41 YEARS, OCC: AGRICULTURE, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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MALLAPPA S/O SHIVAPPA MALAGI AGE: 38 YEARS, OCC: AGRICULTURE, R/O: KUKANUR, TQ: YELBURGA, DIST: KOPPAL.

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... RESPONDENTS

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(BY SRI. P. G. MOGALI, ADV., FOR C/R5)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED:23.11.2018 PASSED BY SENIOR CIVIL JUDGE AND J.M.F.C., YALBURGA IN O.S.NO.27/2013, ON I.A.NO.15 VIDE ANNEXURE-E.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING , THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner and

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the learned counsel for the caveator/respondent No.5.

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The petitioner is before this Court being

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aggrieved by the order of the Court of Senior Civil Judge and J.M.F.C., Yelaburga, whereby the Court has been pleased to reject I.A.No.XV preferred by the petitioner/plaintiff seeking withdrawal of the suit with a liberty to file a fresh suit.

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Learned counsel for the respondent submits

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that in respect of the same suit property, another suit for partition and separate possession has been preferred by the children of petitioner in O.S.No.170/2013 and petitioner is also arrayed as defendant No.5 therein.

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Copy of the plaint in the said suit is placed

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before this Court and the same is taken on record. Said suit is pending on the file of the Court of Civil Judge at Yelaburga. In that view of the matter, this Court is of

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the opinion that the adjudication of the order under challenge is unnecessary and it is open to the plaintiff to withdraw the suit and agitate his rights in the suit preferred by his children. In that view of the matter, this Court is of the opinion that rejection of application of the petitioner to withdraw his suit with a liberty to file a suit afresh on same cause of action is proper. Accordingly, the writ petition stands rejected.

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However, it is open to the petitioner to

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canvas his case in the pending suit.

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Sd/JUDGE

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yan

Andappa S/O Ningappa Malagi v. Ramanna S/O Fakirappa Malagi

Case brief

What is this about?

What did the court decide?

Andappa S/O Ningappa Malagi v. Ramanna S/O Fakirappa Malagi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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