High Court of Karnataka disposited preliminary hearings on a writ petition challenging an FDP Court order. The Court held the writ was not maintainable as the challenged order was appealable prior via a regular appeal.
Writ petition dismissed as not maintainable, liberty reserved to file an appeal.
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 9TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.10655 OF 2022 (GM-CPC)
BETWEEN:
...PETITIONERS
(BY SRI. PATIL JAGADEESH GOUD., ADVOCATE)
AND:
2
AGE 56 YEARS R/O AKKAMAHADEVI ROAD 2ND MAIN, P J EXTENSION DAVANGERE - 577002
3
RESPONDENT NO. 7-8 ARE R/O NO 20, 2ND MAIN AKKAMAHADEVI ROAD P J EXTENSION DAVANAGERE - 577002
RESPONDENT NO. 9-11, R/O NO 20 2ND MAIN AKKAMAHADEVI ROAD P J EXTENSION DAVANAGERE – 577002
RESPONDENT NO. 14 AND 15
4
R/O ROYAL KOPPA RAYAL KOPPA, MAGGE ESTATE POST: MAGGE, ALURU TALUK HASSAN DISTRICT - 573213
…..RESPONDENTS
(BY SRI. NISHANTH A.V. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 23.11.2021 PASSED BY THE LEARNED 1ST ADDL. SR. CIVIL JUDGE AND JMFC AT DAVANAGERE ON I.A.NO.12 AT ANNEXURE-D U/S 2 R/W SEC.8 OF THE PARTITION ACT, 1893 IN FDP NO.02/2008 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed questioning the
order of FDP Court passed on application I.A.No.12 filed under Section 2 r/w 8 of Partition Act, 1893.
point out that captioned writ petition is not maintainable Referring to Section 2 of the Partition Act, 1893, he would bring to the notice of this Court that any order passed under Section 2 of the Partition Act amounts to a decree and is appealable.
5
JUDGE
DR
2 issues framed by the court
Whether a writ petition challenging an order under Section 2 of the Partition Act, 1893 is maintainable given that such orders are appealable as decrees.
Whether the objection to maintainability raised under Article 226 & 227 of the Constitution of India is upheld.
1 provisions across 1 enactments
RAJASEKHAR ANDANURU AND ANOTHERS
A.MOHAN AND ANOTHERS
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
