Smt. Nagamma v. Smt. Jyothi
Case brief
What is this about?
Petitioners in a partition suit challenged an order summoning original records from another suit. The court held it would not examine the exercised discretion under Article 227 absent cognizable prejudice. The petition was rejected in limine.
What did the court decide?
Writ petition rejected in limine; suit trial ordered within one year.
What the court decided
A compact analysis
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 AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.4326 OF 2021 (GM-CPC)
BETWEEN
1 . SMT. NAGAMMA W/O CHIKKAMUNISWAMY REDDY, AGED ABOUT 56 YEARS, R/AT NO.275/1, NEAR CMR SCHOOL, KACHARAKANAHALLI, ST. THOMAS TOWN POST, BENGALURU - 560 084.
2 . SRI M MANJUNATHA REDDY S/O LATE MUNISHWAMY REDDY, AGED ABOUT 43 YEARS, R/AT NO.275/1, NEAR CMR SCHOOL, KACHARAKANAHALLI, ST. THOMAS TOWN POST, BENGALURU - 560 084. … PETITIONERS
(BY SRI. MANJUNATH M. HEDGE FOR SRI. T SESHAGIRI RAO, ADVOCATE)
AND
1 . SMT. JYOTHI W/O SRI SOMASHEKARA REDDY, AGED ABOUT MAJOR, R/AT NO.309, 3RD MAIN, SHANTHINAGAR ROAD, KALYANA NAGARA ROAD, BENGALURU - 560 043.
Issues for consideration
3 issues framed by the court
Whether writ court under Article 226/227 will interfere with the discretionary exercise of summoning original records under Order XLVII Rules 1 & 2 CPC.
Whether a party can file a review under Order XLVII Rules 1 & 2 CPC after a similar application was previously rejected without calling for objections.
Whether the writ petition presented any merits requiring examination.
Parties & counsel
- petitioner
SMT. NAGAMMA W/O CHIKKAMUNISWAMY REDDY
- petitioner
SRI M MANJUNATHA REDDY
- respondent
SMT. JYOTHI W/O SRI SOMASHEKARA REDDY
- respondent
SMT. NAGAVENI W/O SRI. ARUN
- respondent
SMT. LAKSHMIDEVI W/O SRI. N. MANJUNATH
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · March
- Registered
- Case no.
- WP/4326/2021
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