Disposed

Sri.Shivayya S/O. Mallayya Koppad v. Parvatavva W/O. Channaveeragouda Patil

Karnataka HC3 Sept 2021WP/146645/2020

Case brief

AI extract

What is this about?

Writ petition filed under Articles 226 and 227 of the Constitution of India challenging orders in a civil suit and subsequent miscellaneous appeal. The High Court, without deciding on merits, remanded the matter to the trial court to dispose of the suit on merits within six months.

What did the court decide?

Directed trial court to dispose of the suit on merits within six months from receipt of the order.

Sri.Shivayya S/O. Mallayya Koppad Vs Parvatavva… — Execution and Attachment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^RD 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.146645 OF 2020 (GM-CPC)

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BETWEEN:

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SRI. SHIVAYY S/O. MALLAYYA KOPPAD AGE : 65 YEARS, OCC : AGRICULTURE,

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SMT. IRAWWA W/O. SHIVAYYA KOPPAD AGE : 55 YEARS, OCC : HOUSEHOLD WORK,

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ANDANAYYA S/O. SHIVAYYA KOPPAD AGE : 38 YEARS, OCC : AGRICULTURE,

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MANJAYYA S/O. SHIVAYYA KOPPAD AGE : 35 YEARS,OCC : AGRICULTURE,

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ALL ARE R/O: KATENHALLI TQ : BYADGI, DIST : HAVERI – 581 106.

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…PETITIONERS

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(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)

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AND:

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PARVATAVVA W/O. CHANNAVEERAGOUDA PATIL AGE : 80 YEARS, OCC : AGRICULTURE, R/O : SHIDENUR TQ : BYADAGI, DIST : HAVERI-581106.

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... RESPONDENT

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(BY SRI. S.N. BANAKAR, ADVOCATE).

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH

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THE IMPUGNED ORDER DTD. 20.03.2020 IN M.A. NO.4/2015 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, BYADGI VIDE ANNEXURE-H CONFIRMING THE ORDER ON I.A.NO.I, IN O.S.NO.150/2014 DTD. 19.03.2015 PASSED BY THE COURT OF CIVIL JUDGE, BYADGI, VIDE ANNEXURE-D & 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 order dated 19.03.2015 passed on I.A.No.1 in O.S.No.150/2014 by the Civil Judge & JMFC, Byadagi as well as subsequent impugned order dated 20.03.2020 passed in M.A.No.4/2015 by the Senior Civil Judge & JMFC, Byadgi, confirming the earlier order passed by the trial Court.

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

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Though several contentions have been

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urged by both sides in support of their respective claims, having regard to the various contentious

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issues and disputed question of fact and law that arise for consideration between the parties, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the trial Court to dispose of the suit on merits, in accordance with law, within a period of six months from the date of receipt of a copy of this order without being influenced by the findings and observations recorded in the impugned order.

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Subject to the aforesaid directions, petition stands disposed of.

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SD JUDGE

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Sri.Shivayya S/O. Mallayya Koppad v. Parvatavva W/O. Channaveeragouda Patil

Case brief

What is this about?

What did the court decide?

Sri.Shivayya S/O. Mallayya Koppad v. Parvatavva W/O. Channaveeragouda Patil

Case brief

What is this about?

What did the court decide?

What the court decided

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