Disposed

Ravishankar S/O Basavaraj Bhooplapur v. Captian Suresh S/O Sadashiv Hallikere

Karnataka HC14 Sept 2021WP/113196/2019

Case brief

AI extract

What is this about?

The Court disposed of the writ petition without interfering with the impugned order quashing the Section 10 CPC application. The Court directed the Principal Senior Civil Judge, Dharwad, to consolidate and try the two pending suits between the same parties together.

What did the court decide?

Directed the Trial Court to club and dispose of the pending suits O.S.No.629/2013 and O.S.No.14/2011 together.

Ravishankar S/O Basavaraj Bhooplapur 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 14^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.113196/2019 (GM-CPC)

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BETWEEN

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RAVISHANKAR S/O BASAVARAJ BHOOPLAPUR, AGE ABOUT 50 YEARS, OCC: INSURANCE COUNSELLER, NEW YORK USA 26,

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BY HIS GPA HOLDER, SRI. BASAVARAJ BHOOLPAUR, AGED ABOUT 80 YEARS, OCC: PENSIONSER, R/O PLOT NO 12, SHIVANADNAGAR, DHARWAD.

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... PETITIONER

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(BY SRI.PRAVEEN KUMAR RAIKOTE, ADVOCATE)

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AND

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CAPTAIN SURESH S/O SADASHIV HALLIKERE, AGED ABOUT 50 YEARS, OCC: FLEET MASTER, MERCHANT NAVY, SHELL INTERNATIONAL TRADING AND SHIPPING CO.LTD, NEW DELHI.

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SMT. PRIYAMVADA @ PRIYA W/O PRABAHKAR HALLIKERE, AGE ABOUT 45 YARS,

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OCC: HOUSEHOLD, R/O F 3/4, ISHAN APARTMENTS, TILKAWADI, MARATHA COLONY, BELGAUM.

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MAJOR SHASHI S/O SADASHIV HALLIKERE, AGE ABOUT 48 YEARS, OCC:DEFENSE SERVICE, DHARWAD.

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ALL R.1 TO 3 ARE REPRESENTED BY GPA HOLDER SMT. PREMA W/O SHASHI HALLIKERI, AGE ABOUT 45 YEARS, OCC: SERVICE, KARNATAKA UNIVERSITY, DHARWAD.

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... RESPONDENTS

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(BY SRI. AVINASH BANAKAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER AT ANNEXURE-E PASSED BY THE III ADDITIONAL CIVIL JUDGE & JMFC, AT DHARWAD IN O.S.NO.629/2013 DATED 27.05.2019 ON IA NO.3 AND FURTHER THIS HON'BLE COURT MAY BE PLEASE TO ALLOW THE SAID IA FILED HEREIN AT ANNEXURE-C DATED 25.10.2017 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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This petition is directed against the impugned

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order dated 27.5.2019 passed on I.A.No.III in

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O.S.No.629/2013 by the III Additional Civil Judge & JMFC., Dharwad whereby the said application filed by the petitioner under Section 10 of CPC was rejected by the trial Court.

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Heard learned counsel for the petitioner and learned counsel for the respondent. Perused the material on record.

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The material on record indicates that the respondents instituted aforesaid suit in O.S.No.629/2013 against the petitioners and the

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same was pending on the file of trial Court. So also, the petitioner herein has instituted one more suit in O.S.No.14/2011 against the respondents herein and

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the same is pending on the file of the Principal Senior

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Civil Judge, Dharwad. Both counsels submit that during the pendency of this petition, the suit in O.S.No.629/2013 has been withdrawn from the Court

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of III Additional Civil Judge & JMFC., Dharwad and transferred to the Court of Principal Senior Civil

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Judge, Dharwad where O.S.No.14/2011 referred to supra is pending for adjudication. Under these undisputed circumstances, having regard to the fact that the parties to both O.S.No.14/2011 and O.S.No.629/2013 are one and the same i.e., petitioner and respondent herein, coupled with the fact that both the suits are pending before the very same court i.e., court of the Principal Senior Civil Judge, Dharwad, I deemed just and proper to dispose of this petition without interfering with the impugned order and directing the Court of the Principal Senior Civil Judge, Dharwad to try and dispose of both O.S.No.629/2013 and O.S.No.14/2011 together by clubbing both the cases and in accordance with law.

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In the result, I pass the following:

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ORDER

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i. The petition is hereby disposed of without interfering with the impugned order passed by the trial Court.

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ii. The Trial Court i.e, the Court of the Principal Senior Civil Judge, Dharwad before whom both O.S.No.629/2013 filed by the respondent and O.S.No.14/2011 filed by the petitioner are pending is directed to club/consolidate and dispose of both the suits together and in accordance with law as expeditiously as possible.

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Subject to the aforesaid directions and

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observations, writ petition stands disposed off.

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SD JUDGE

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Ravishankar S/O Basavaraj Bhooplapur v. Captian Suresh S/O Sadashiv Hallikere

Case brief

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Ravishankar S/O Basavaraj Bhooplapur v. Captian Suresh S/O Sadashiv Hallikere

Case brief

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