Allowed

Nemusa S/O Dharmasa Habib, v. Durgadevi Trust

Karnataka HC24 Nov 2023WP/100485/2017

Case brief

AI extract

What is this about?

Three writ petitions were filed to quash District Court orders passed under Section 92 CPC. On counsel submission that the District Court lacked jurisdiction, the High Court set aside the impugned orders in each petition.

What did the court decide?

The impugned orders dated 08.12.2016, 21.11.2016, and 26.10.2016 passed under Section 92 CPC in O.S. Nos. 14/2016, 13/2016, and 11/2016 respectively were set aside.

Nemusa S/O Dharmasa Habib, Vs Durgadevi Trust — Specific Performance | Karnataka HC (2023)

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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

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WRIT PETITION NO. 105113 OF 2017 (GM-CPC)

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C/W

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WRIT PETITION NO. 100485 OF 2017 WRIT PETITION NO. 100486 OF 2017

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IN W.P. NO.105113/2017

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BETWEEN:

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NINGAPPA S/O GURUSHIDAPPA GANJYAL AGE: 61 YEARS, OCC: AGRICULTURE, R/O: BYADAGERI ONI, GHANTIKERI, HUBBALLI, DIST: DHARWAD.

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…PETITIONER

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(BY SRI. S.A.SONDUR, ADVOCATE FOR SRI. K L PATIL ., ADVOCATE)

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SHIVAKUMAR HIREMATH

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Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.12.05 11:51:19 +0530

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AND:

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DURGADEVI TRUST, REP. BY ITS SURVIVING SOLE TRUSTEE SMT.IRAWWA W/O SHIVAPPA CHOLAGERI @ PUJAR, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O: BYADAGERI ONI, GHANTIKERI, HUBBALLI, DIST: DHARWAD.

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…RESPONDENT

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(BY SRI. A A PATHAN., ADVOCATE)

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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017

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THIS WRIT PETITION IS FILLED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION TO QUASH ORDER DATED: 08.12.2016 PASSED IA NO.1 UNDER SEC.92 CPC IN O.S.NO.14/2016 ON THE FILE OF PRINCIPAL DISTRICT JUDGE, DHARWAD VIDE ANNEXURE-E and ETC.

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IN W.P NO.100485/2017

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BETWEEN:

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NEMUSA S/O DHARMASA HABIB, AGE 55 YEARS, OCC: BUSINESS R/O H.NO.38, T.R.HUGALNATA BUILDING VIDYAVAN, VIDYANAGAR, HUBBALLI, DIST: DHARWAD (BY. Sri. S.A.SONDUR, ADVOCATE SRI. K L PATIL .,ADVOCATE)

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…PETITIONER

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AND:

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DURGADEVI TRUST,

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REP. BY ITS SURVIVING SOLE TRUSTEE SMT.IRAWWA W/O SHIVAPPA CHOLAGERI @ PUJAR AGE: 62 YRS, OCC: HOUSEHOLD, R/O. BYADAGERI ONI GHANTIKERI, HUBBALLI, DIST: DHARWAD

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SRINIVAS S/O TULJANASA PATHAN AGE: 42 YEARS, OCC: SERVICE R/O BYADAGERI ONI, GHANTIKERI, HUBBALLI, DIST: DAHRWAD

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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017

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AMBASA

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S/O TULJANASA PATHAN

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AGE: 40 YEARS, OCC: SERVICE R/O BYADAGERI ONI, GHANTIKERI, HUBBALLI, DIST: DAHRWAD

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RAGHAVENDRA S/O TULJANASA PATHAN AGE: 42 YEARS, OCC: SERVICE, R/O BYADAGERI ONI, GHANTIKERI, HUBBALLI,

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DIST: DAHRWAD

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…RESPONDENTS

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(BY SRI. A A PATHAN FOR R1., ADVOCATE; NOTICE TO R2 TO R4 IS SERVED)

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THIS WRIT PETITION IS FILLED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION TO QUASH ORDER DATED:21.11.2016 PASSED ON IA.NO.1 UNDER SEC.92 CPC IN O.S.NO.13/2016 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD VIDE ANNEXURE-E AND ETC.

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IN WP NO.100486/2017

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BETWEEN:

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KASHINATHSA

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S/O LAKSHAMANSA PATTAN, SINCE DECEASED BY HIS LRS

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1-A LAXMIBAI W/O. GANGADHAR BHUTE, AGE: 62 YEARS, OCC: HOUSE WIFE, R/O. 2^ND CROSS, JANGALIPETH, BASAVESHWAR CIRCLE, OLD HUBBALI, DIST: DHARWAD-580024

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1-B MALLIKARJUNA S/O KASHINATHSA PATTAN, AGE:58 YEARS, OCC:BUSINESS, R/O. ARAVIND NAGAR ROAD, GANESH NAGAR,

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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017

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HUBBALLI DIST: DHARWAD-580024

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1-C SMT. SARASWATI BAI W/O KRISHNASA KATWE AGE: 53 YEARS, OCC: HOUSE WIFE R/O. 3^RD CORSS KAMARIPETH, HUBBALLI, DIST: DHARWAD-580024

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1-D PANDUSA KASHINATHSA PATAN AGE: 50 YEARS, OCC: BUSINESS, R/O. HABIB CHAW DIVATE ONI, KARIPET, HUBBALLI, DIST: DHARWAD-580028

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1-E DHANUSA S/O KASHINATHSA PATTAN AGE: 49 YEARS, OCC: BUSINESS, R/O. ARAVIND NAGAR, ROAD, GANESH NAGAR, HUBBALLI, DIST: DHARWAD-580024

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1-F VIVEKANAND S/O KRISHNASA PATTAN AGE: 47 YEARS, OCC:BUSINESS, R/O. #1646 GOKUL ROAD, R.M.LOHIYA NAGAR, HUBBALLI, DIST: DHARWAD-580030

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1-G SMT. JAYASHRIBAI W/O. RAJU SHALGAR, AGE:45 YEARS, OCC: HOUSE WIFE, R/O.#44, FATESHAHNAGAR, HEGGERI, OLD HUBBALLI, HUBBALLI, DIST:DHARWAD-580024

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1-H SHOBHA W/O. NARAYAN LADWA, AGE:45 YEARS, OCC: HOUSEHOLD, R/O. C/O. B.H.VASTRAD, GUDI PLOT, 3^RD CROSS, BASAVESHWAR NAGAR, HEGGERI, OLD HUBBALI DIST: DHARWAD-580024.

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1-J SMT. ANITA W/O. MURALI NIRANJAN AGE: 38 YEARS, OCC: HOUSE WIFE, R/O PANJI, ONI, CHANNAPET, OLD HUBBALLI, HUBBLII, DIST:DHARWAD:580024

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…PETITIONERS

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(BY SRI. S.A.SONDUR, ADVOCATE FOR

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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017

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SRI. K L PATIL.,ADVOCATE)

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AND:

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DURGADEVI TRUST, REP. BY ITS SERVIVING SOLE TRUSTEE SMT.IRAWWA W/O SHIVAPPA CHOLAGERI @ PUJAR AGE: 62 YRS, OCC: HOUSEHOLD, R/O. BYADAGERI ONI GHANTIKERI, HUBBALLI, DIST: DHARWAD

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VASANT S/O YELLAPPA MISKIN AGE: 52 YEARS, OCC: BUSINESS R/O MADHAVAPUR, HUBBALLI, DIST: DHARWAD

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MALATESH S/O PARMESHAPPA BHAIRANNAVAR, AGE: 48 YEARS, OCC: PVT. SERVICE, R/O. BYADAGERI ONI GHANTIKERI, HUBBALLI, DIST: DHARWAD

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…RESPONDENTS

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(BY SRI. A A PATHAN, ADVOCATE FOR R1; NOTICE TO R2 & R3 IS SERVED.)

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THIS WRIT PETITION IS FILLED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION TO QUASH ORDER DATED:26.10.2016 PASSED ON IA.NO.1 UNDER SEC.92 CPC IN O.S.NO.11/2016 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD VIDE ANNEXURE-E AND ETC.

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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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IN W.P. No.105113/2017

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This writ petition is filed by the defendant in O.S.No.14/2016 on the file of Prl. District Judge, Dharwad assailing the order dated 08.12.2016 passed on I.A.No.1 under Section 92 of Code of Civil Procedure, 1908.

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Learned counsel for petitioner as well as learned counsel for respondent fairly submit that the District Court has no jurisdiction to entertain the suit and appropriate forum would be civil Court or the small causes Court.

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The said submission is placed on record.

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In view of the said submission, the writ petition is disposed of. The impugned order dated 08.12.2016 on the file of Prl. District Judge, Dharwad, O.S.No.14/2016 is set aside.

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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017

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Liberty is reserved to the respondent/plaintiff to avail remedy available under law.

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IN W.P.No.100485/2017

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This writ petition is filed by the defendant No.1 in O.S.No.13/2016 on the file of Prl. District Judge, Dharwad assailing the order dated 21.11.2016 passed on I.A.No.1 under Section 92 of Code of Civil Procedure, 1908.

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Learned counsel for petitioner as well as learned counsel for respondents fairly submit that the District Court has no jurisdiction to entertain the suit and appropriate forum would be civil Court or the small causes Court.

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The said submission is placed on record.

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In view of the said submission, the writ petition is disposed of. The impugned order dated 21.11.2016 on the file of Prl. District Judge, Dharwad, O.S.No.13/2016 is set aside.

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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017

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Liberty is reserved to the respondent/plaintiffs to avail remedy available under law.

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W.P. No.100486/2017

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This writ petition is filed by the defendant No.1 in O.S.No.11/2016 on the file of Prl. District Judge, Dharwad assailing the order dated 26.10.2016 passed on I.A.No.1 under Section 92 of Code of Civil Procedure, 1908.

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Learned counsel for petitioners as well as learned counsel for respondents fairly submit that the District Court has no jurisdiction to entertain the suit and appropriate forum would be civil Court or the small causes Court.

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The said submission is placed on record.

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In view of the said submission, the writ petition is disposed of. The impugned order dated 26.10.2016 on the file of Prl. District Judge, Dharwad, O.S.No.11/2016 is set aside.

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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017

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Liberty is reserved to the respondent/plaintiffs to avail remedy available under law.

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In view of disposal of the above petitions, all pending interlocutory applications in the petitions do not survive for consideration and the same are disposed of.

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Sd/JUDGE

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NAA anb List No.: 1 Sl No.: 11

Nemusa S/O Dharmasa Habib, v. Durgadevi Trust

Case brief

What is this about?

What did the court decide?

Nemusa S/O Dharmasa Habib, v. Durgadevi Trust

Case brief

What is this about?

What did the court decide?

What the court decided

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