Disposed

Shree.Sidharam Shivacharya v. Sri.Basavaraj Dundappa Karoshi

Karnataka HC22 Jan 2020WP/103553/2020

Case brief

AI extract

What is this about?

A writ petition filed under Articles 226 and 227 of the Constitution sought a direction to the II Additional Civil Judge, Chikkodi, to pass an order on an application (I.A. No. IX) filed under Order XIV Rule 5 and Section 151 of CPC, which remained pending since September 2014. The application sought to frame an additional issue to determine if the suit was barred under specific legal provisions.

What did the court decide?

The II Additional Civil Judge, Chikkodi was directed to pass appropriate orders on I.A. No. IX within 45 days.

Shree.Sidharam Shivacharya Vs Sri.Basavaraj Dundappa… — Property and Title | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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Dated this the 22^ND day of January 2020

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Before

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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Writ Petition No.103553 of 2020 (GM-CPC)

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BETWEEN

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SHREE.SIDHARAM SHIVACHARYA MAHASWAMIGALU, SHREE. KADASIDESHWAR SANATHAN MATH, YADUR, TQ: CHIKKODI, REPRESENTED BY HIS GPA HOLDER, SRI.ADAVAYYA SHANKARAYYA ARALIKATTIMATH, AGED ABOUT: 51 YEARS, OCC: MANAGER KADASIDDESHWAR SAMSTHAN MATH YADUR, R/O: YADUR, TQ: CHIKKODI, DIST: BELAGAVI, PINI CODE: 591213.

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... PETITIONER

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(By Sri : G I GACHCHINAMATH AND SRI.SHRIDHAR HIREMATH, ADVOCATES)

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AND

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SRI.BASAVARAJ DUNDAPPA KAROSHI AGED ABOUT: 59 YEARS, OCC: AGRICULTURE, R/O: YADUR, TQ: CHIKKODI, DIST: BELAGAVI, PIN CODE: 591213.

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SRI.SHANKAR DUNDAPPA KAROSHI AGED ABOUT: 55 YEARS, OCC: AGRICULTURE, R/O: YADUR, TQ: CHIKKODI,

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DIST: BELAGAVI, PIN CODE: 591213.

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SRI.SADANAND DUNDAPPA KAROSHI AGED ABOUT: 50 YEARS, OCC: AGRICULTURE, R/O: YADUR, TQ: CHIKKODI, DIST: BELAGAVI, PIN CODE: 591213.

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SRI.RAJENDRA SHRIPAD KAROSHI AGED ABOUT: 54 YEARS, OCC: AGRICULTURE, R/O: YADUR, TQ: CHIKKODI, DIST: BELAGAVI, PIN CODE: 591213. 5. SRI.SHIVANAND SHRIPAD KAROSHI AGED ABOUT: 53 YEARS, OCC: AGRICULTURE, R/O: YADUR, TQ: CHIKKODI, DIST: BELAGAVI, PIN CODE: 591213. 6. SRI.CHIDANAND SHRIPAD KAROSHI AGED ABOUT: 54 YEARS, OCC: AGRICULTURE, R/O: YADUR, TQ: CHIKKODI, DIST: BELAGAVI, PIN CODE: 591213.

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... RESPONDENTS

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE LEARNED II ADDITIONAL CIVIL JUDGE, CHIKKODI TO CONSIDER THE APPLICATION OF THE PETITIONER I.A.NO.IX DATED 19.09.2014 PRODUCED AS ANNEXURE-C.

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

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ORDER

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The petitioner/defendant in O.S.No.174/2012 on the file of the II Additional Civil Judge, Chikkodi is before this Court praying for a writ of mandamus to the II Additional Civil Judge, Chikkodi to consider I.A.No.IX filed under Order XIV Rule 5 read with Section 151 of CPC, which is pending since 19.09.2014.

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Heard the learned counsel for the petitioner.

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Taking note of the prayer sought in the writ petition, notice to respondents dispensed with.

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Learned counsel for the petitioner would submit that

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the petitioner/defendant filed I.A.No.IX under Order XIV Rule 5 read with Section 151 of CPC on 19.09.2014. To evidence the said fact, the petitioner has placed on record the order sheet. It is further submitted that the plaintiffs filed objections to the said I.A., but till today, no orders have been passed on I.A.No.IX. Hence he prays that a

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direction be issued to the trial Court to pass order on I.A.No. IX.

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The suit is one for injunction. In I.A.No.IX, the petitioner has sought for framing of an additional issue as to whether the suit is hit by Section 9 of CPC and Sections 132 and 133 of K.L.R Act and Civil Court is bar to entertain the suit and it is not maintainable in the present form. Learned counsel for the petitioner would state that the suit is at the stage of evidence.

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Taking note of the fact that I.A.NoIX was filed on 19.09.2014 and subsequently objections are filed by the plaintiffs, the trial Court to pass appropriate orders on I.A.No.IX, within a period of 45 days from the date of receipt of a copy of this order, if not already disposed of.

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With the above observations, the writ petition is

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disposed of.

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Sd/JUDGE

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mpk/-*

Shree.Sidharam Shivacharya v. Sri.Basavaraj Dundappa Karoshi

Case brief

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Shree.Sidharam Shivacharya v. Sri.Basavaraj Dundappa Karoshi

Case brief

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