High Court disposed of a writ petition challenging an order to deposit sale proceeds under Order 39 Rule 6 CPC. Court directed deposit of one-third proceeds in trust for the suit outcome and disposal within one year.
Petitioner to deposit 1/3rd of crop sale proceeds in Court below in trust; suit to be tried within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.1473 OF 2021(GM-CPC)
BETWEEN:
BOTH ARE R/O MUDDENAHALLI VILLAGE, KORA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT - 562 128.
...PETITIONERS
(BY SRI. K N NITHISH, FOR SRI. K V NARASIMHAN, ADVOCATES)
AND:
NOTE NO.1: THE PRESENT AGE AND ADDRESS OF THE PARTIES ARE MENTIONED ABOVE.
NOTE NO.2: DEFENDANT NO.1-PUTTANARASAIAH AND DEFENDANT NO.1(A) NANJAMMA ARE NO MORE. SAME IS
2
REFLECTED IN THE CAUSE TITLE OF THE AMENDED PLAINT AT ANNEXURE-A. SINCE THE LRS ARE LAREADY ON RECORD I.E., THE PETITIONERS AND RESPONDENT NO.1 HEREIN, SAID PUTTANARASAIAH AND NANJAMMA ARE NOT MADE PARTIES THROUGH THE PETITION.
… RESPONDENTS
(BY SRI.NATARAJ BABA K, FOR SRI. UMESH B M , ADVOCATE FOR C/R1; NOTICE TO R-2 IS D/W V.C.O DATED 01/03/2021)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED IVTH ADDITIONAL CIVIL JUDGE AND JMFC AT TUMAKURU ON APPLICATION FILED BY R-1 UNDER ORDER 39 RULE 6 R.W SECTION 151 OF CPC IN O.S.NO.297/2012 DATED 2.1.2021 AT ANNEXURE-J.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:-
ORDER
Both the sides having argued the matter vociferously, are graciously in agreement with the suggestion of this Court that the petitioner shall deposit 1/3rd of the sale proceeds of the crop from the subject lands comprised in the subject application in the Court below with consultation of the respondent herein and the said proceeds from the shall be held in Trust for the party emerging victorious in the suit in question and further that suit itself be tried & disposed off within one year, all contentions of the parties having been kept open.
3
Ordered accordingly. Writ Petition stands disposed
off. It is open to the respondent to move the Court below for release of the amount to be deposited as above periodically, subject to he furnishing the Bank Guarantee for securing the repayment of the same, of course, subject to outcome of the suit.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the impugned order under Order 39 Rule 6 reading Section 151 of CPC should be set aside.
2 provisions across 2 enactments
SRI NANDEESHAIAH
SRI KANTHARAJU
SMT M P SARVAMANGALA
SMT JAYAMMA
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
