Dismissed

Smt.Annapoornamma W/O Late Somashekar Reddy v. Sri.H.Shadakshari S/O Doddabasappa

Karnataka HC19 Nov 2019WP/108294/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka admitted the writ petition for final hearing. The petitioner assailed orders rejecting an objection under Order XXI Rule 58 CPC. The court observed the petitioner filed a separate partition suit, rendering the writ petition sub judice under Order XXI Rule 58(5) CPC.

What did the court decide?

The writ petition was disposed of as the petitioner had already filed a separate suit for partition.

Smt.Annapoornamma W/O Late Somashekar Reddy Vs Sri.H.Shadakshari… — Partition | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF NOVEMBER 2019

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BEFORE

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THE HON’BLE MR.JUSTICE ALOK ARADHE

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W.P.NO.108294/2019 (GM-CPC)

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BETWEEN

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SMT.ANNAPURNAMMA W/O LATE SOMASHEKAR REDDY, D/O K.ASHWATH REDDY, AGE: 35 YEARS, HINDU, OCC: AGRICULTURIST, R/O: BUDAGUPPA VILLAGE, SIRAGUPPA TALUK, DIST: BALLARI.

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..... PETITIONER

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(BY SRI SATHISH.M.S., ADV.)

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AND

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SRI.H.SHADAKSHARI S/O DODDABASAPPA, AGE: 57 YEARS, OCC: AGRICULTURIST, R/O: MOTASUGAR VILLAGE, TQ: SIRUGUPPA, BALLARI DISTRICT.

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SRI.ASHWATH REDDY S/O VENKATAREDDY, AGED ABOUT: 61 YEARS, OCC: AGRICULTURIST, R/O: BUDUGUPPA VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT.

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..... RESPONDENTS (BY SRI GODE NAGARAJA, ADV. FOR C/R1 SRI MANJUNAWTH JADAI, ADV. FOR R-2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYNG TO QUASH THE IMPUGNED ORDER DATED 28.07.2018 PASSED ON I.A.NO.3 IN E.P. NO.36/2015 BY HON'BLE II ADDITIONAL CIVIL JUDGE,

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SENIOR DIVISION, BALLARI AS MARED AT ANNEXURE-E AND ETC.

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

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ORDER

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Mr. Sathish M.S., learned counsel for the

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petitioner.

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Sri Gode Nagaraj, leaned counsel for respondent No.1.

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Sri Manjunath Jadai, learned counsel for

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respondent No.2.

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Petition is admitted for hearing.

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With the consent of the parties, the same is heard finally.

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In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 28.07.2018 passed by the executing Court by which the objection

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preferred by the petitioner under Order XXI Rule 58 of Code of Civil Procedure has been rejected.

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The petitioner has also assailed the validity of the order dated 23.02.2019 by which the rejection of objection has been affirmed in appeal.

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When the matter was taken up today, learned counsel for the petitioner fairly submitted that in terms of the Order XXI Rule 58 (5) of Code of Civil Procedure, the petitioner has already filed a suit seeking the relief of partition. In the aforesaid suit, it will be open to the petitioner to file an appropriate application. Since the petitioner has already fled a separate civil suit therefore nothing survive for adjudication in this writ petition in view of the provisions contained in Order XXI Rule 58(5) of Code of Civil Procedure. Accordingly, the petition is disposed of.

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Sd/-

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JUDGE

Smt.Annapoornamma W/O Late Somashekar Reddy v. Sri.H.Shadakshari S/O Doddabasappa

Case brief

What is this about?

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Smt.Annapoornamma W/O Late Somashekar Reddy v. Sri.H.Shadakshari S/O Doddabasappa

Case brief

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What did the court decide?

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