High Court at Bengaluru, on preliminary hearing, disposed of a writ petition under Article 226 challenging an order rejecting a stay application under Section 10 CPC in a partition suit, declining to interfere with the lower court's decision.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 7986/2021 (GM-CPC)
BETWEEN :
SRI. DINESH S/O CHANDREGOWDA AGE ABOUT 50 YEARS R/AT BIKKODU VILLAGE AND HOBLI, BELURU TALUK HASSAN DISTRICT – 573 215.
... PETITIONER
(BY SRI. BASAVANNA M D, ADVOCATE)
AND :
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R/AT BIKKODU VILLAGE AND HOBLI BELURU TALUK HASSAN DISTRICT – 573 215.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED IN O.S.NO.27/2018 DATED 8.2.2021 ON THE FILE SENIOR CIVIL JUDGE, BELURU, HASSAN DISTRICT BY ALLOWING APPLICATION FILED UNDER SECTION 10 OF CODE OF CIVIL PROCEDURE WHICH IS PRODUCED UNDER ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
The petitioner, who is the second defendant in O.S.No.27/2018 on the file of the Senior Civil Judge, Beluru (for short, ' the civil Court '), has impugned the civil Court's order dated 08.02.2021. The civil Court by this impugned order has rejected the petitioner's application under Section 10 of the Code of Civil Procedure, 1908 (for short, 'the CPC') refusing to stay the proceedings in the suit.
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respondent is the petitioner's sister and the other respondents are their parents. The first round of litigation is between the father and son, and the present suit is the second round of litigation commenced by the first respondent in O.S.No.27/2018 for partition of different immovable properties listed in the plaint which includes the land in Sy.No.19 (measuring 4 acres) of Somanahalli Village and land in Sy.No.24/2 (measuring 2 acres 8 guntas) of Chikkabikkodu Village. The lands are in Bikkodu Hobli and Beluru Taluk.
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R.A.No.44/2016. However, the appeal as against these judgments is pending before this Court in R.S.A.No.1409/2019.
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5. The civil Court in citing these reasons as in
effect referred to the larger questions that would arise for consideration in the present suit, and this Court is not persuaded to interfere with the impugned order. However, this Court must observe that if there is any finding in favour of the petitioner in the earlier proceedings, he could avail the advantage of such finding.
The petition stands disposed of accordingly.
SD/JUDGE
RB
Dinesh
Yashodhamma
Chandregowda
Shivamma
B. M. Shyam Prasad
As recorded by the court registry
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