Allowed

Sri. Jagadish S/O Anavasu Baddi v. Shri Siddharoodha Math Trust Committee

Karnataka HC8 Apr 2022WP/100953/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed the trial court's order keeping the jurisdiction issue in abeyance in Small Cause Suit No. 36/2012. The Court directed the trial judge to determine jurisdiction as a preliminary issue within 30 days and dispose of the matter within nine months if jurisdiction is established.

What did the court decide?

The impugned order dated 11-11-2021 keeping the jurisdiction issue in abeyance was quashed and the trial court was directed to decide jurisdiction as a preliminary issue within 30 days.

Sri. Jagadish S/O Anavasu Baddi Vs Shri… — Civil Procedure and Limitation | Karnataka HC (2022)

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WP No. 100953 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 100953 OF 2022 (GM-CPC)

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BETWEEN:

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SRI. JAGADISH S/O ANAVASU BADDI AGE. 62 YEARS, OCC. BUSINESS, C/O. MOHAN RADIO AND ELECTRIC WORKS, MARATHA GALLI. HUBBALLI 580020

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…PETITIONER

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(BY SRI. PRAKASH.K.JAWALKAR.,ADVOCATE AND SRI.L.M.KURAHATTI, ADVOCATE)

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AND:

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SHRI SIDDHAROODHA MATH TRUST COMMITTEE HUBBALLI, BY ITS TRUSTEES

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KENCHANAGOUDA LINGANAGOUDA PATIL

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AGE: 65 YEARS, OCCUPATION: ADVOCATE RESIDING AT REDDY COLONY,

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SARSHWATHPUR, DHARWAD

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PIN 580002

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DEVENDRAPPA DYAMAPPA MALAGI.

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AGE : 63 YEARS, OCC: RETIRED DY.SP.,

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RESIDING AT POST GAMANAGATTI, TALUK

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WP No. 100953 of 2022

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HUBBALLI, DISTRICT DHARWAD 580025

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DR. BASANAGOUDA V. SANKANAGOUDAR.

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AGE : 43 YEARS, OCC: MEDICAL PRACTITIONER,

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RESIDING AT NO.10, ARUDHA NILAYA

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ARUDHA NILAYA, ARUDHA NAGAR

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ANAND NAGAR ROAD, HUBBALLI 580024.

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SMT. VIJAYALAKSHMI V. PATIL.

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AGE : 40 YEARS, OCC: SOCIAL WORK,

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RESIDING AT NO.107, SHAKTI NAGAR

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GOKUL ROAD, HUBBALLI 580030

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SIDDHARAMAPPA IRABASAPPA KOLKUR. AGE : 64 YEARS, OCC:RETIRED SERVICE,

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RESIDING AT NO.39, OPPOSITE MARUTI GUDI,

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SAHADEV NAGAR, HUBBALLI 580024

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SHIVARUDRAPPA DANAPPA UKKALI.

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AGE : 71 YEARS, OCC: EX-MD, KPTCL, RESIDING AT NO.61, DANESHWARI, I STAGE

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AKSHAYA COLONY, NEAR CHETANA COLLEGE

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HUBBALLI 580030

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SHAMANAND BALAPPA PUJERI. AGE : 46 YEARS, OCC: ADVOCATE,

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RESIDING AT POST CHIKKNANDI

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TALUK GOKAK, DISTRICT, BELAGAVI 591233

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GANAPATI SHIVAPPA NAIK.

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WP No. 100953 of 2022

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AGE : 68 YEARS, OCC: BUSINESS, RESIDING AT NO.202, 1^ST FLOOR,

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GEETANJALISONI HERITAGE APARTMENT, VASAVINAGAR, BEHIND, KSRTC BUS STAND HUBBALLI 580024

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HANUMANTH TIMMAJI KOTABAGI. AGE : 56 YEARS, OCC: BUSINESS, RESIDING AT SRI.-SAI, 2^ND ROAD,

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ESHAVASHYA MALAMADDI, DHARWAD 58007

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DHARANEDRA BHARAMAPPA JAVALI. AGE : 69 YEARS, OCC: RETIRED SERVICE, RESIDING AT NO.125, SRI-PADMA, MADHUR

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CHETANA COLONY, NEAR SBP SCHOOL, KUSUGAL ROAD, HUBBALLI PIN 580023

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MAHESH CHANDRAPPA HANAGODI. AGE : 51 YEARS, OCC: AGRICULTURE SOCIAL

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WORK, RESIDING AT HANAGODI BUILDING, HALAGERI ROAD, AT POST & TALUK RANEBENNUR DISTRICT HAVERI, PIN 581115

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KOTTURESHWAR KADAPPA TERAGUNTE. AGE : 62YEARS, OCC: ADVOCATE,

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RESIDING AT MANJUNATHUPR, MALAMADDI,

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DHARWAD PIN 580007

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YALLAPPA ADIVEPPA DODDAMANI.

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AGE : 69 YEARS, OCC: RETIRED BANK SERVICE,, RESIDING AT NO.39, ANUGRAHA, SHAKTI NAGAR

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GOKUL ROAD, HUBBALLI 580030

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NARAYANPRASAD APPAPRASAD PATHAK. AGE : 54 YEARS, OCC: CIVIL ENGINEER, RESIDING AT PATHAK BHAVAN MAGAJIKONDI LAYOUT, BEHIND NAREGAL NURSINGH HOSPITAL, SIDDHAROODHA MATH ROAD, HUBBALLI 580024

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JAGADISH LAXMANSA MAGAJIKONDI. AGE : 55 YEARS, OCC: BUSINESS, RESIDING AT NO.35:30:A:1 SR NYAMAGAOUDAR BUILDING, PRASHANT COLONY, GOKUL ROAD, HUBBALLI 580030.

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DR.GOVIND GUNDACHARYA MANNUR. AGE : 76 YEARS, OCC: MEDICAL PRACTITIONER, RESIDING AT NO.113, KHB COLONY

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VISHWESHWAR NAGAR, HUBBALLI 580021

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PRAKASH SIDDAPPA UDIKERI. AGE : 52 YEARS, OCC: ADVOCATE, RESIDING AT NO.62, SRI.-SAI, 3^RD CROSS, DANESHWARINAGAR, VIDYAGIRI, DHARWAD 580004

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SHANKARSA S/O AMBASA HABIB

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WP No. 100953 of 2022

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AGE 63 YEARS OCC BUSINESS

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R/O MARATHAGALLI HUBLI PIN 580020

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ANNASA S/O AMBASA HABIB

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AGE 60 YEARS OCC BUSINESS

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R/O MARATHAGALLI HUBLI

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PIN 580020

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YALLAPPA C. BHANDAGE

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AGE 58 YEARS, OCC BUSINESS

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R/O MARATHAGALLI, HUBLI.

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PIN 580020

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BHIMAPPA DURGAPPA TERDAL

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AGE 73 YEARS OCC BUSINESS

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R/O MARATHAGALLI HUBLI.

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PIN 580020

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…RESPONDENTS

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(BY SRI. SOURABH S SONDUR, ADVOCATE

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FOR SRI.S.S.BETURMATH, ADVOCATE FOR R1, 2, 5, 8-13 & 15-17 R3, 6, 7, 18, 19, 21 ARE SERVED,

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R14 & 20 DECEASED)

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THIS WRIT PETITION IS FIELD UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 11-11-2021 ON I.A.NO.1 PASSED BY THE IIND ADDITIONAL CIVIL JUDGE (SR DVN) HUBLI, IN SMALL CAUSE NO.36/2012 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 100953 of 2022

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ORDER

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The petitioner is before this Court seeking for the following reliefs:

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“To issue writ of certiorari by quashing the impugned order dated 11-11-2021 on I.A.No.1 passed by the IInd Additional Civil Judge (Sr Dvn) Hubli, in small cause No.36/2012 vide Annexure-E, in the interest of justice and equity”.

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Small Cause No.36/2012 had been filed seeking for the ejectment of the respondent herein and to hand over the vacant possession of suit schedule property. In the said suit, once earlier an application under Order VII Rule 11 of CPC had been filed seeking for rejection of the plaint on the ground that the Court does not have jurisdiction as also an application under Section 21 read with Section 151 of CPC was filed to return the plaint to the petitioner as the Court did not have the jurisdiction.

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The said applications were kept in abeyance by an order of the Court and as such, the respondent has

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come before this Court in W.P.No.109633-634/2015 challenging the said order and this Court had requested the trial Court to consider the question of

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jurisdiction as a preliminary issue as also the application under Order VII Rule 11 of CPC and to decide the same. Despite which, it is contended that vide order dated 11.11.2021, the trial Court had once again kept the issue of jurisdiction in abeyance and it is on this basis that Sri.Prakash K.Jawalkar, learned counsel for the petitioner would submit that the said application ought to have been considered on merits and orders passed instead of keeping it in abeyance more so when this Court vide order dated 10.03.2017 in W.P.No.109633-634/2015 had directed the Court to consider the question of jurisdiction as a preliminary issue.

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Sri.S.A.Sondur, learned counsel for the respondent would however contend that the application under Order VII Rule 11 of CPC had been considered and

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dismissed. Therefore, the question of once again considering the aspect of jurisdiction as a preliminary issue would not arise.

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Heard Sri.Prakash K.Jawalkar, learned counsel for the petitioner and Sri.S.A.Sondur, learned counsel for the respondent and perused the papers.

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This Court vide order dated 10.03.2017 had directed the trial Court to consider the jurisdiction as a preliminary issue as also to decide the application under Order VII Rule 11 of CPC. Therefore, there were two aspects, which were required to be considered by the trial Court i.e., treating the jurisdiction as a preliminary issue and another to consider the application under Order VII Rule 11 of CPC. The trial Court has considered the application under Order VII Rule 11 of CPC and rejected it but has not decided on the aspect of jurisdiction as a preliminary issue. The dismissal of the application

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under Order VII Rule 11 of CPC may have an impact as regards the jurisdiction as a preliminary issue but the fact remains that the question of jurisdiction as a preliminary issue has not been decided by the trial Court but has been kept in abeyance, which is contrary to the directions issued by this Court in the aforesaid order.

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In view thereof, I pass the following

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ORDER

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i. The Writ Petition is allowed.

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ii. The order dated 11.11.2021 passed by the II Additional Civil Judge (Sr.Dn.), Hubli on I.A.No.1 in Small Cause No.36/2012 vide Annexure-E is quashed.

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iii. II Additional Civil Judge (Sr.Dn.), Hubli is directed to consider the aspect of jurisdiction as a preliminary issue and pass necessary orders within a period of 30 days from the date of receipt of copy of this order.

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10 -

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iv. In the event of the trial Court holding that it has jurisdiction in the matter, the trial Court is directed to go ahead with the matter and decide the matter within a period of nine months thereafter.

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v. The submission of Sri.Prakash K.Jawalkar, learned counsel for the petitioner and Sri.S.A.Sondur, learned counsel for the respondent that they would co-operate with the trial Court and would not take unnecessary adjournment both as regards the preliminary issue and merits is placed on record.

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Sd/JUDGE

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Prs*

Sri. Jagadish S/O Anavasu Baddi v. Shri Siddharoodha Math Trust Committee

Case brief

What is this about?

What did the court decide?

Sri. Jagadish S/O Anavasu Baddi v. Shri Siddharoodha Math Trust Committee

Case brief

What is this about?

What did the court decide?

What the court decided

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