Allowed

Sangamma Urf Sangavva W/O. Shyamappa Pujari v. Gangavva W/O. Sangappa Salagundi

Karnataka HC8 Jul 2024MFA/100709/2022

Case brief

AI extract

What is this about?

Appeal under Order 43 Rule 1 CPC against dismissal of a miscellaneous petition challenging rejection of a regular appeal filed about ten years late. The High Court found the appellants made out a prima facie case with balance of convenience and restored the appeal by setting aside the dismissal.

What did the court decide?

Order dated 06.03.2021 in Civil Misc.No.1/2018 set aside; Civil Misc.No.1/2018 allowed and the appeal before the first appellate Court restored; parties to expedite trial.

Sangamma Urf Sangavva W/O. Shyamappa Pujari Vs… — Execution and Attachment | Karnataka HC (2024)

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NC: 2024:KHC-D:9400 MFA No. 100709 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 JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 100709 OF 2022 (CPC)

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BETWEEN:

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SYAMAPPA URF SHYAMANNA PUJARI SINCE BY HIS LRS (LEGAL HEIR).

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SANGAMMA URF SANGAVVA W/O. SHYAMAPPA PUJARI, AGE. 70 YEARS, OCC. H. H. WORKS, R/O. NAGARBETTA, TQ. MUDDEBIHAL,

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DIST. BIJAPUR.

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SUBHAS S/O. SHYAMANNA URF SHAMAPPA PUJARI AGE. 56 YEARS, OCC. AGRICULTURE, R/O. NAGARBETTA, TQ. MUDDEBIHAL,

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DIST. BIJAPUR.

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BHIMAPPA S/O. SHYAMANNA URF SHAMAPPA PUJARI AGE. 47 YEARS, OCC. AGRICULTURE, R/O. NAGARBETTA, TQ. MUDDEBIHAL, DIST. BIJAPUR.

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA

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ARJUN S/O. SHYAMANNA URF SHAMAPPA PUJARI AGE. 46 YEARS, OCC. AGRICULTURE, R/O. NAGARBETTA, TQ. MUDDEBIHAL, DIST. VIJAYAPUR.

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HANAMAWWA URF SAVITA D/O. SHYAMANNA URF SHAMAPPA PUJARI, AGE. 43 YEARS, OCC. H. H. WORKS, R/O. NAGARBETTA, TQ. MUDDEBIHAL, DIST. BIJAPUR.

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…APPELLANTS

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(BY SRI. KUSHAL V. BOLMAL, ADVOCATE)

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NC: 2024:KHC-D:9400 MFA No. 100709 of 2022

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AND:

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SANGAPPA HERAKALLAPPA SALAGUNDI SINCE DEAD BY HIS LRS.

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GANGAVVA W/O. SANGAPPA SALAGUNDI AGE. 74 YEARS, OCC. H. H. WORKS, R/O. MANKANI, TQ. BAGALKOT.

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PAVADEPPA S/O. SANGAPPA SALAGUNDI AGE. 57 YEARS, OCC. AGRICULTURE, R/O. MANKANI, TQ. BAGALKOT.

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MALLAPPA S/O. SANGAPPA SALAGUNDI AGE. 55 YEARS, OCC. AGRICULTURE, R/O. MANKANI, TQ. BAGALKOT.

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BASAVVA W/O. PARAMANAND YALWAR AGE. 53 YEARS, OCC. HOUSEHOLW WORK, R/O. BASARKOD. TQ: MUDDEBIHAL, DIST: BIJAPUR.

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SHIVAPPA S/O. SANGAPPA SALAGUNDI AGE. 50 YEARS, OCC. AGRICULTURE, R/O. MANKANI, TQ. BAGALKOT.

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MAHANTAPPA S/O. SANGAPPA SALAGUNDI AGE. 48 YEARS, OCC. AGRICULTURE, R/O. MANKANI, TQ. BAGALKOT.

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…RESPONDENTS

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(BY SRI. NOTICE TO R1 TO R6 HELD SUFFICIENT)

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THIS MFA IS FILED UNDER ORDER 43 RULE 1 OF CPC, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 06.03.2021 IN CIVIL MISC. NO.01/2018 PASSED BY PRL. SENIOR CIVIL JUDGE AND CJM, BAGALKOT IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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3 - NC: 2024:KHC-D:9400 MFA No. 100709 of 2022

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JUDGMENT

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Heard learned counsel for appellants and learned counsel for respondents.

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Appellants have filed this appeal under Order 43

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Rule 1 of the Civil Procedure Code (for short ‘the CPC’) to set aside the order dated 06.03.2021 passed by the learned Principal Senior Civil Judge and C.J.M. at Bagalkot, (for short, ‘the Tribunal’) in Civil Misc.No.1/2018.

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The appellants aggrieved by the order dated 06.03.2021 have filed this appeal contending that the appellants are in lawful possession of the property. The trial Court has observed that the appellants make out specific ground for grant of temporary injunction.

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Perused the impugned order passed in Civil Misc.No.1/2018.

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In fact, the said petition was filed challenging the order of dismissal passed in R.A.No.154/2004. Accordingly, the first appellate Court rejected

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4 - NC: 2024:KHC-D:9400 MFA No. 100709 of 2022

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I.A.No.1/2018 filed under Section 5 of the limitation Act

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also dismissed the Civil Miscellaneous Petition.

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At this juncture, the appellants have made out prima facie case in their favour and balance of convenience is also in their favour .

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Though registration of Regular Appeal before the first appellate Court appears to be filed after expiry of 10 years, the trial Court ought not to have dismissed the Civil Miscellaneous. The first appellate Court has not assigned any valid and cogent reasons to reject the petition. Accordingly, appeal is restored. Hence, I pass the following:

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ORDER

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a. The appeal is allowed.

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b. The order dated 06.03.2021 passed in Civil Misc.No.1/2018 by the Court of learned Principal Senior Civil Judge and C.J.M., Bagalkot, is set aside. The Civil Misc.No.1/2018 is allowed.

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5 - NC: 2024:KHC-D:9400 MFA No. 100709 of 2022

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Considering the age of litigation, both the parties are directed to expedite the trial.

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Both parties are directed to appear before the first appellate Court without awaiting for notice/summons issued by the first appellate Court.

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Both parties are directed to appear before the Court on 28.08.2024.

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In view of the disposal of this appeal, pending applications, if any, do not survive for consideration, accordingly, the same are disposed off.

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Sd/JUDGE

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AC/ct-an List No.: 1 Sl No.: 97

Sangamma Urf Sangavva W/O. Shyamappa Pujari v. Gangavva W/O. Sangappa Salagundi

Case brief

What is this about?

What did the court decide?

Sangamma Urf Sangavva W/O. Shyamappa Pujari v. Gangavva W/O. Sangappa Salagundi

Case brief

What is this about?

What did the court decide?

What the court decided

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