Disposed

Smt. Mallavva Alias Mallavva W/O Siddappa Patil v. Rudrappa S/O Mallappa Tirakappanavar

Karnataka HC10 Jun 2022WP/102076/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench, disposed of a writ petition seeking a direction to the trial court to dispose of final decree proceedings within three months, issuing the direction ex parte as the prayer was considere...

What did the court decide?

Direction to the trial court to dispose of F.D.P. No. 7/2017 as expeditiously as possible and within three months.

Smt. Mallavva Alias Mallavva W/O Siddappa Patil… — Execution and Attachment | Karnataka HC (2022)

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WP No. 102076 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE, 2022

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BEFORE

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THE HON'BLE MR JUSTICE R.DEVDAS WRIT PETITION NO. 102076 OF 2022 (GM-CPC)

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BETWEEN:

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SMT. MALLAVVA @ MALLAVVA W/O SIDDAPPA PATIL, AGE. 67 YEARS, OCC. HOUSE HOLD WORK, R/O. AT POST. PHULAGADDI, TAL MUDALAGI, DIST. BELAGAVI – 591 312 REPRESENTED BY HER GPA HOLDER SRI. SANJEEV, S/O SIDDAPPA PATIL, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. AT POST. PHULAGADDI, TAL. MUDALAGI, DIST. BELAGAVI 591312

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PETITIONER

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(BY SRI. RAJENDRA R.PATIL, ADVOCATE)

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AND:

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RUDRAPPA S/O MALLAPPA TIRAKAPPANAVAR, AGE. 70 YEARS, OCC. AGRICULTURE, R/O. RUDRAPUR, TAL. SAUNDATTI, DIST. BELAGAVI 591 126.

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RESPONDENT

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VINAYAKA B V

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Digitally signed byVINAYAKA B V Location: Dharwad Date: 2022.06.15 10:08:02 +0530

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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 MANDAMUS TO THE COURT OF CIVIL JUDGE AND J.M.F.C., SAUNDATTI TO DISPOSE OF THE F.D.P.NO.7/2017 WITHIN A PERIOD OF THREE MONTHS & ETC.

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

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WP No. 102076 of 2022

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ORDER

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R.DEVDAS J., (ORAL):

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Learned counsel for the petitioner submits that inspite of the first appellate Court, namely, the Prl. Sr. Civil Judge, Saundatti, directing the trial Court which is dealing with F.D.P. No. 7/2017 to dispose of the matter as early as possible, in terms of its order dated 27.09.2021, the trial Court has not disposed of the matter and therefore the prayer of the petitioner is to direct the trial Court to dispose of the matter within a time frame.

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Learned counsel submits that earlier this Court had directed the trial Court to dispose of the Final Decree Proceedings within a period of four months, in terms of the order dated 19.12.2019 in W.P. No. 116790/2019. However, after such direction, the final decree proceedings were dismissed by the trial Court and therefore the petitioner had approached the first appellate Court in R.A. No. 20/2020. The first appellate Court, vide its order dated 27.09.2021 allowed the appeal and while setting aside the order dated 20.02.2020, directed the trial Court to dispose of the matter afresh as early as possible.

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WP No. 102076 of 2022

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Since the prayer of the petitioner is innocuous in as much as a direction is being sought to the trial Court to dispose of the final decree proceedings, this Court deems it fit to dispose of this matter without notice to the respondent.

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Accordingly, the writ petition stands disposed of with a direction to the learned Prl. Civil Judge & JMFC, Saundatti to consider and dispose of the final decree proceedings in F.D.P. No. 7/2017 as expeditiously as possible and at any rate within a period

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of three months from the date of receipt of a copy of this order. Ordered accordingly.

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SD JUDGE

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BVV

Smt. Mallavva Alias Mallavva W/O Siddappa Patil v. Rudrappa S/O Mallappa Tirakappanavar

Case brief

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Smt. Mallavva Alias Mallavva W/O Siddappa Patil v. Rudrappa S/O Mallappa Tirakappanavar

Case brief

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