Disposed

Shri.Yallappa S/O Satappa Dabbagol v. Smt.Gangavva W/O Satteppa Dabbagol

Karnataka HC15 Sept 2021WP/108564/2019

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Articles 226 and 227 of the Constitution to quash an interim order passed in a civil suit. The High Court observed that the underlying suit had been disposed of, rendering the writ petition infructuous. The petition was disposed of by keeping contentions open for appeal.

What did the court decide?

Writ petition disposed of by keeping contentions open for appeal against final judgment in underlying suit.

Shri.Yallappa S/O Satappa Dabbagol 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 15^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO.108564/2019(GM-CPC)

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BETWEEN:

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SHRI. YALLAPPA S/O SATAPPA DABBAGOL AGED ABOUT 56 YEARS, OCC: AGRICULTURE, R/O: KANKANWADI,

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TQ: RAIBAG, DIST: BELAGAVI.

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...PETITIONER

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(BY SRI. RAMACHANDRA MALI, ADVOCATE)

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AND:

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1 . SMT. GANGAVVA W/O SATTEPPA DABBAGOL AGED ABOUT 64 YEARS,

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OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O: KANKANWADI,

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TAL: RAIBAG, DIST: BELAGAVI.

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2 . SMT. SIDDAVVA W/O KENCHAPPA SUNARI AGED ABOUT 42 YEARS,

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OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O: SAVASUDDI,

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TAL: RAIBAG, DIST: BELAGAVI.

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3 . SMT. SHOBHA W/O RAMAPPA WADER AGED ABOUT 40 YEARS,

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OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O: DEVANKATTI,

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TAL: RAIBAG, DIST: BELAGAVI.

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4 . SHRI. BEERAPPA S/O MAYAPPA DABBAGOL

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AGED ABOUT: 36 YEARS, OCC: AGRICULTURE,

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5 . SMT. TIPPAVVA W/O BEERAPPA DABBAGOL AGED ABOUT 61 YEARS, OCC: AGRICULTURE,

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6 . SHRI. HALAPPA S/O BEERAPPA DABBAGOL AGED 41 YEARS, OCC: AGRICULTURE,

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7 . SHRI. MARUTI S/O BEERAPPA DABBAGOL AGED 39, OCC: AGRICULTURE,

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8 . SHRI. SIDDAPPA S/O SATAPPA DABBAGOL AGED 61 YEARS, OCC: AGRICULTURE,

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9 . SHRI. SHIVAPPA S/O SATAPPA DABBAGOL AGED 58 YEARS, OCC: AGRICULTURE,

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NO. 4 TO 9 R/O: KANKANWADI, TAL: RAIBAG, DIST: BELAGAVI.

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... RESPONDENTS

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(BY R1 TO R9 NOTICE IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.1193/ 2013 ON THE FILE OF PRL. CIVIL JUDGE & JMFC, RAIBAG AND QUASH THE ORDER DATED 01.03.2019 MADE ON I.A.NO.VIII IN O.S. NO.1193/2013 PASSED BY THE PRL. CIVIL JUDGE & JMFC, RAIBAG PRODUCED AT ANNEXURE-E, AS THE SAME BEING ARBITRARY, ERRONEOUS AND ILLEGAL AND NOT SUSTAINABLE IN LAW IN THE INTEREST OF THE JUSTICE AND EQUITY AND CONSEQUENTLY ALLOW I.A.NO.VIII IN O.S.NO.1193/2013 ON THE FILE OF THE PRL.CIVIL JUDGE & JMFC, RAIBAG AS PRAYED FOR THEREIN IN THE INTEREST OF THE JUSTICE AND EQUITY & ETC.

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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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In view of disposal of the suit out of which the present writ petition arises, the present petition has been rendered infructuous and the same is accordingly disposed of.

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Liberty is reserved in favour of the parties to urge all contentions putforth by them in the present petition, in the appeal filed/ to be filed against final judgment and decree passed in the suit by the trial Court.

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All contentions between the parties are kept open and no opinion is expressed on the same.

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Subject to the aforesaid direction and observation, petition stands disposed of.

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Pending IAs, if any, shall stand disposed of.

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SD JUDGE

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CLK

Shri.Yallappa S/O Satappa Dabbagol v. Smt.Gangavva W/O Satteppa Dabbagol

Case brief

What is this about?

What did the court decide?

Shri.Yallappa S/O Satappa Dabbagol v. Smt.Gangavva W/O Satteppa Dabbagol

Case brief

What is this about?

What did the court decide?

What the court decided

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