High Court disposed of a writ petition seeking quashing of an interim order in a succession suit, granting liberty to the petitioner to invoke Section 105 CPC to raise grounds in appeal proceedings pending the final disposition of the suit.
Writ petition disposed with liberty to invoke Section 105 CPC against merits of impugned order.
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.
NC: 2023:KHC:39733 WP No. 8545 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8545 OF 2017 (GM-CPC)
BETWEEN:
MANEYAMMA SINCE DEAD BY LR J R ASHA
WIFE OF MAHADEVASWAMY DAUGHTER OF LATE MANEYAMMA AGED ABOUT 25 YEARS, RESIDENT OF KANAKASABAPATHI LAYOUT, HULLAHALLI ROAD, NANJANGUD 571301.
…PETITIONER
(BY SRI. B SHARATH KUMAR.,ADVOCATE)
AND:
A KANKASABAPATHI
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
SINCE DECEASED BY LRS
1. JAYALAKSHMI
WIFE OF LATE A KANAKASABAPATHI AGED ABOUT 60 YEARS, RESIDING AT 5131 BEHIND MASJID, THYAGARAJA COLONY NANJANGUD TOWN 571301.
2. SHANMUGAM
SON OF LATE KANAKASABAPATHI AGED ABOUT 34 YEARS, RESIDING AT 5131,
NC: 2023:KHC:39733 WP No. 8545 of 2017
BEHIND MASJID, THYAGARAJA COLONY NANJANGUD TOWN 571301.
WIFE OF LATE A KANAKASABAPATHI AGED ABOUT 65 YEARS,
DAUGHTER OF LATE A KANAKASABAPATHI WIFE OF SUBRAMANYAM AGED ABOUT 44 YEARS,
DAUGHTER OF LATE A KANAKASABAPATHI WIFE OF MAHENDRA AGED ABOUT 40 YEARS,
…RESPONDENTS
(VIDE ORDER DATED 17.07.2023 SERVICE OF NOTICE TO RESPONDENTS IS HELD SUFFICIENT)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.02.2017 PASSED ON I.A.15 AND 16 IN O.S.29/2009 ON THE FILE OF PRL. CIVIL JUDGE
NC: 2023:KHC:39733 WP No. 8545 of 2017
AND JMFC, NANJANGUD ANNEX-A AND ALLOW BOTH THE APPLICATIONS ANNEX-D & C IN ITS ENTIRETY WITH LIBERTY TO AMEND THE PLAINT AND PRODUCTION OF DOCUMENT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri D.Sharath Kumar, the learned counsel for the petitioner, submits that during the pendency of the petition, because there is no interim order, there is substantial progress in the suit with the parties completing their evidence and the suit is now set down for final arguments, and as such, the petition may be disposed of with liberty to the petitioner to raise the grounds urged in this petition in the appeal proceedings given the provisions of Section 105 of Code of Civil Procedure, 1908 [CPC] if there is occasion for the same.
On a careful consideration of these submissions and on perusal of the records, this Court is of the considered view that, subject to the contingencies that
NC: 2023:KHC:39733 WP No. 8545 of 2017
may be, the petitioner must be reserved with liberty to invoke the provisions of Section 105 CPC as against the merits of the impugned order.
The petition stands disposed of with such liberty subject to all just exceptions in law.
Sd/JUDGE
NV
1 issue framed by the court
Whether the writ petition challenging the interim order in the underlying suit should be disposed of with liberty to raise arguments on merits in appeal under Section 105 CPC.
2 provisions across 2 enactments
Maneyamma Since Dead by LR J R Asha
A Kankasabpathi Since Deceased by LRS (Jayalakshmi, Shanmugam, etc.)
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
