Allowed

Basappa S/O. Channaveerappa Uppin v. Virabhadrappa S/O. Channaveerappa Uppin

Karnataka HC9 Nov 2021WP/104243/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition under Articles 226 and 227 of the Constitution of India. The Court held that interlocutory applications under Order 39 Rule 1 CPC read with Section 151 must be disposed of urgently, referencing AIR 2000 SC 3032. A mandamus was issued directing the trial court to consider the applications within 30 days. Notice to respondents was dispensed with.

What did the court decide?

Mandamus issued to the Additional Senior Civil Judge and JMFC, Gadag to consider I.A. Nos. 19 and 20 of 2021 within 30 days.

Basappa S/O. Channaveerappa Uppin Vs… — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.104243/2021 (GM-CPC)

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BETWEEN

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BASAPPA S/O. CHANNAVEERAPPA UPPIN AGE. 63 YEARS, OCC. COOLIE, R/O. VAKKALAGERI ONI, BETGERI, TQ. AND DIST. GADAG-581117

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...PETITIONER

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(BY SRI.DINESH M KULKARNI, ADVOCATE)

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AND

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VIRABHADRAPPA S/O. CHANNAVEERAPPA UPPIN AGE. 70 YEARS, OCC. AGRIL, R/O. BEHIND SAI BABA TEMPLE, HATALGERI ROAD, EXTENTION, GADAG, TQ. AND DIST. GADAG-581117

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MARIYAPPA S/O. CHANNAVEERAPPA UPPIN AGE. 68 YEARS, OCC. PRIVATE SERVICE, R/O. LIG 591, 3RD CROSS, YALAHANKA UPANAGAR, 4TH STAGE, BANGALORE-64

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CHINNAPPA ALIAS CHANNAPPA S/O. CHANNAVEERAPPA UPPIN AGE. 55 YEARS, OCC. AGRIL, R/O. VAKKALAGERI ONI, BETGERI, TQ. AND DIST. GADAG-581117

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IRAPPA S/O. RACHAPPA UPPIN AGE. 32 YEARS, OCC. AGRIL, R/O. VAKKALAGERI ONI,

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	BETGERI, TQ. AND DIST. GADAG-581117
5.	BASAVARAJ S/O. CHINNAPPA BETGERI AGE. 72 YEARS, OCC. AGRIL, R/O. HATTARAKIHAL, TQ. BASAVANABAGEWADI, DIST. VIJAYPUR-586203
6.	SHANKRAPPA S/O. VIRAPPA UPPIN AGE. 70 YEARS, OCC. PRIVATE SERVICE, R/O. SAHADEV NAGAR, HUBBALLI-580020
7.	YALLAPPA S/O. VIRAPPA UPPIN AGE. 68 YEARS, OCC. PRIVATE SERVICE, R/O. ANANDASHRAM ROAD, EXTENSION, GADAG-581117
8.	SMT. SHANKARAVVA W/O. CHANNABASAPPA UPPIN AGE. 65 YEARS, OCC. AGRIL, R/O. BEHIND SAI BABA TEMPLE, EXTENSION, HATALGERI ROAD, GADAG-581117
9.	PARVATI W/O. NAGAPPA ARALI AGE. 36 YEARS, OCC. AGRIL, R/O. C/O. JAGADGURU SHRI SHIVARATRI DESHOKENDRA MAHASWAMI COLLEGE, MANGALAMMA PALYA, BANGALORE-590001
10.	SHOBHA W/O. YALLAPPA KAMATAR AGE. 34 YEARS, OCC. HOUSEHOLD, R/O. C/O. BHEEMAPPA BHOOSAPPANAVAR, SATTUR, DHARWAD-580001
11. (NOT	YALLAVVA ALIAS LALITA W/O. BHEEMAPPA UPPIN AGE. 60 YEARS, OCC. PRIVATE SERVICE, R/O. LIG 321, NAVANAGAR, HUBBALLI, DIST. DHARWAD-20 …RESPONDENTS ICE TO RESPONDENTS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING ADDITIONAL SENIOR CIVIL JUDE AND JMFC, GADAG TO CONSDIER IA NO.19/2021 FILED UNER 39 RULE 1 AND 2 VIDE ANNEXURE-C AND IA.NO.20/2021 FILED UNDER ORDER 7 RULE 14 OF CPC VIDE ANNEXURE-D AND TO PASS ORDERS FORTHWITH.

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

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ORDER

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Considering the nature of the order that is proposed to be passed, notice to respondent Nos.1 to 11 is dispensed with.

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The petitioner is aggrieved by the learned Additional Senior Civil Judge and JMFC, Gadag not taking up application filed by the petitioner, who is defendant therein under Order 39 Rule 1 read with Section 151 of the Code of Civil Procedure for consideration. The said application had been filed on 28.09.2021 and objections were filed on 18.10.2021. However, the trial Court has adjourned the matter to 03.01.2022 for hearing.

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Considering that the interlocutory application like that filed under Order 39 Rule 1 read with Section 151 of the Code of Civil Procedure is to be considered and disposed of at the earliest, more particularly having regard to the decision of the Hon’ble Apex Court in A. Venkatasubbiah Naidu -v- S. Chellappan and others, reported in AIR 2000 SC 3032 the writ petition is allowed.

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A mandamus is issued directing the learned Additional Senior Civil Judge and JMFC, Gadag to consider I.A.Nos.19 and 20 of 2021 filed in O.S.No.36/2011 within a period of 30 days from the date of receipt of the certified copy of this order.

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Sd/JUDGE

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Basappa S/O. Channaveerappa Uppin v. Virabhadrappa S/O. Channaveerappa Uppin

Case brief

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Basappa S/O. Channaveerappa Uppin v. Virabhadrappa S/O. Channaveerappa Uppin

Case brief

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