Disposed

Smt.Shivabasawwa W/O Karabasappa Hosamani v. Shri.Basanagouda Linganagouda Hosamani

Karnataka HC2 Dec 2022WP/100015/2016

Case brief

AI extract

What is this about?

In this Writ Petition under Articles 226 and 227 of the Constitution, the petitioners challenged an order maintaining status quo in a property dispute. The High Court observed that the underlying suit was at the final stage of disposal with final arguments framed, observing that the Court should not intercede at this stage.

What did the court decide?

The Writ Petition was disposed of with an observation against intervening in the matter as the underlying suit was near final disposal.

Smt.Shivabasawwa W/O Karabasappa Hosamani Vs… — Property and Title | Karnataka HC (2022)

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WP No. 100015 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 100015 OF 2016 (GM-CPC)

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BETWEEN:

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SMT.SHIVABASAWWA W/O KARABASAPPA HOSAMANI AGE:65 YEARS, OCC:AGRL and HOUSEHOLD R/O:MADANABHAVI

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TQ:BAILHONGAL, DIST:BELAGAVI

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SMT.SUVARNA W/O IRANAGOUDA HOSAMANI AGE:28 YEARS, OCC:AGRL and HOUSEHOLD WORK R/O:MADANABHAVI

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TQ:BAILHONGAL, DIST:BELAGAVI

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KUMAR KIRAN IRANAGOUDA HOSAMANI AGE:5 YEARS, OCC:NIL R/O:MADANABHAVI, TQ:BAILHONGAL, DIST:BELAGAVI (MINOR REP BY HER NATURAL MOTHER-RESP.NO.2 SUVARNA)

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Digitally signed by SUJATA SUBHASH PAMMAR

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KUMAR BASANAGOUDA IRANAGOUDA PATIL AGE:3 YEARS, OCC:NIL R/O:MADANABHAVI, TQ:BAILHONGAL, DIST:BELAGAVI (MINOR REP BY HER NATURAL MOTHER-RESP NO.2 SUVARNA)

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…PETITIONERS

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(BY SRI. A D SHILLEDAR AND SRI. SANTOSH B. RAWOOT, ADVOCATES)

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AND:

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SHRI.BASANAGOUDA LINGANAGOUDA HOSAMANI AGE:35 YEARS, OCC:AGRICULTURE R/O:MADANABHAVI, TQ:BAILHONGAL, DIST:BELAGAVI

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…RESPONDENT

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(BY SRI. SRINIVAS B. NAIK, ADVOCATE)

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WP No. 100015 of 2016

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE ORDER DATED 17.12.2015 PASSED BY THE SENIOR CIVIL JUDGE, BAILHONGAL IN MA NO.15 OF 2015 PRODUCED AT ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court challenging the order dated 17.12.2015 passed in M.A.No.15/2015 by the Senior Civil Judge, Bailhongal (‘First Appellate Court’, for brevity), by virtue of which the First Appellate Court has directed the parties to maintain status-quo in terms of the photographs produced as also directed the trial Court to dispose of the matter expeditiously.

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The suit in O.S.No.202/2015 had been filed seeking for declaration that the plaintiff is the lawful owner in possession of the suit property and for injunction restraining defendants from interfering with the possession thereof.

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Sri. Srinivas B. Naik, learned counsel for the respondent submits that the matter is now posted for final arguments

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WP No. 100015 of 2016

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today. If that be so, it would not be proper for this Court to intercede at this moment in the matter. The status-quo order having been enforced for the last 7 years, the suit having come to the last stage of disposal, the order passed by the said Court would be binding on the parties, subject to the

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appellate remedies.

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With the above observation, the petition stands disposed of.

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Sd/JUDGE

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gab List No.: 1 Sl No.: 2

Smt.Shivabasawwa W/O Karabasappa Hosamani v. Shri.Basanagouda Linganagouda Hosamani

Case brief

What is this about?

What did the court decide?

Smt.Shivabasawwa W/O Karabasappa Hosamani v. Shri.Basanagouda Linganagouda Hosamani

Case brief

What is this about?

What did the court decide?

What the court decided

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