Disposed

Sri. B M Nagaraj v. Sri. B M Govindaraju

Karnataka HC2 Dec 2021WP/1133/2019

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging an appellate order dismissing an appeal on pecuniary jurisdiction grounds regarding a long-pending civil property suit. The court directed the civil court to dispose of the suit on merits within eight months.

What did the court decide?

Civil Court directed to dispose of the suit on merits within eight months; all contentions left open for adjudication.

Sri. B M Nagaraj Vs Sri. B M Govindaraju — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF DECEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.1133/2019 (GM-CPC)

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BETWEEN :

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SRI. B M NAGARAJ S/O LATE MURUDAPPA AGED ABOUT 58 YEARS R/O KORALALLI KACHINAKATTE VILLAGE SHIVAMOGGA TALUK – 577 201.

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... PETITIONER

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(BY SRI. VINOD PRASAD, ADVOCATE)

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AND :

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SRI. B M GOVINDARAJU S/O LATE MURUDAPPA AGED ABOUT 51 YEARS R/O KORALALLI KACHINAKATTE VILLAGE SHIVAMOGGA TALUK – 577 201.

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SMT LOLAKSHI D/O H D SRINIVAS AGED ABOUT 55 YEARS R/O KORALALLI KACHINAKATTE VILLAGE SHIVAMOGGA TALUK – 577 201.

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PRESENTLY AT NO.120 APARNA, 1^ST MAIN, 1^ST BLOCK,

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1^ST CROSS, NANDINI LAYOUT BENGALURU – 560 096.

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... RESPONDENTS

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(BY SRI.S.V. PRAKASH., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE JUDGEMENT DATED 05.11.2018 PASSED IN M.A.NO.15/2016 AT ANNEXURE-K CHALLENGING IA NO.1 AND 2 DISMISSING THE APPEAL AS NOT MAINTAINABLE BY 3^RD ADDL. DISTRICT JUDGE, SHIVAMOGGA; DIRECT THE PRINCIPAL DISTRICT JUDGE SHIVAMOGGA, TO HEAR THE APPEAL ON MERITS AND PASS APPROPRIATE ORDERS.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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The petitioner is the first defendant in O.S. No.109/2015 on the file of the II Additional Senior Civil Judge, Shivamogga [for short, ' the civil Court ']. The petitioner has filed this petition impugning the order dated 5.11.2018 in M.A. No.15/2016 on the file of III Additional District Judge, Shivamogga [for short, ' the appellate Court '].

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The appellate Court by this impugned order has dismissed the petitioner's appeal as against the civil Court's order granting temporary injunction at the instance of the second respondent-plaintiff restraining the petitioner and the first respondent from alienating the suit schedule property and from excluding the second respondent from joint possession of the subject property pending disposal of the suit. The appellate Court has rejected the petitioner's appeal on the ground of pecuniary jurisdiction because the value of the second respondent's share is stated to be more than Rs.10,00,000/- and the appeal must lie to this Court.

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The petitioner's grievance with the appellate Court’s impugned order is because it has re-visited its earlier order dated 15.12.2016 on the very same question. Notwithstanding the rival submissions on the valuation of the second respondent's share as per the valuation slip filed before the civil Court, the learned

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counsel for the parties, Sri. Vinod Prasad and Sri. S.V. Prakash, submit that the petition could be disposed of calling upon the civil Court to identify the suit, which is filed in the year 2015, as a long pending matter and decide the same on merits in an expeditious manner leaving open all questions, even the question on the valuation of the second respondent's share, open for consideration.

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In the light of this submission and because the suit is pending for over six years, the petition stands disposed of leaving all contentions open for adjudication after trial and the civil Court is called upon to dispose of the suit on merits within a period of eight [8] months from the date of receipt of a certified copy of this order, calling upon the parties to assist the civil Court in such expeditious disposal.

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AN/-

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SD/-

Sri. B M Nagaraj v. Sri. B M Govindaraju

Case brief

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Sri. B M Nagaraj v. Sri. B M Govindaraju

Case brief

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