Allowed

Shri. Appalal Hussainsab Zadwale v. Smt. Mamataj W/O Omohiddin Mulla

Karnataka HC5 Sept 2024WP/100115/2018

Case brief

AI extract

What is this about?

Karnataka High Court allowed a writ petition quashing an order for amendment of plaint which was passed without considering the application or objections. Court remanded matter to trial court with a one-year timeline.

What did the court decide?

The impugned order dated 06.12.2017 is quashed; trial court directed to consider application and objections and pass order on merits within one year.

Shri. Appalal Hussainsab Zadwale Vs Smt. Mamataj W/O Omohiddin… — Partition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12823 WP No. 100115 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF SEPTEMBER, 2024 BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH WRIT PETITION NO. 100115 OF 2018 (GM-CPC)

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BETWEEN:

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SHRI. APPALAL HUSSAINSAB ZADWALE, AGE: 64 YEARS, OCC: RETIRED TEACHER, R/O: HALATTI, TQ: CHIKODI, DIST: BELAGAVI-591001.

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SHRI. KASHIM HUSAINSAB ZADWALE, AGE: 54 YEARS, OCC: ADVOCATE, R/O: HALATTI, TQ: CHIKODI, DIST: BELAGAVI-591001.

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SMT. MAMTAZ W/O. IBRAHIM ZADWALE, AGE: 74 YEARS, OCC: HOUSEHOLD WORK, R/O: HALATTI, TQ: CHIKODI, DIST: BELAGAVI-591001.

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SAROJA HANGARAKI

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Location: HIGH COURT OF KARANTAKA DHARWAD BENCH

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SMT. LALAMA W/O. IBRAHIM ZADWALE, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O: HALATTI, TQ: CHIKODI, DIST: BELAGAVI-591001.

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SHRI. TEJODDIN S/O. IBRAHIM ZADWALE, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: HALATTI, TQ: CHIKODI, DIST: BELAGAVI-591001.

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SHRI. HUMAYUN S/O. IBRAHIM ZADWALE, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: HALATTI, TQ: CHIKODI, DIST: BELAGAVI-591001.

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…PETITIONERS

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(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

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2 - NC: 2024:KHC-D:12823 WP No. 100115 of 2018

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AND:

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SMT. MAMATAJ W/O. MOHIDDIN MULLA, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: EXAMBA, TQ: CHIKODI, DIST: BELAGAVI-591001.

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SMT. LAILA W/O. NIJAM SHIRAJBHAI, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O: KARADGA, TQ: CHIKODI, DIST: BELAGAVI-591001.

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SHRI. RAJASAHEB S/O. IBRAHIM ZADWALE, AGE: 54 YEARS, OCC: PAINTING, R/O: HALATTI, TQ: CHIKODI, DIST: BELAGAVI-591001.

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SMT. HAFIZA W/O. DADU GADEKARI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIKALGUD-HEBBAL, TQ: HUKKERI, DIST: BELAGAVI-591001.

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SMT. FATIMA W/O. RAMAJAN GADEKARI, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O: CHIKALGUD-HEBBAL, TQ: HUKKERI, DIST: BELAGAVI-591001.

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SMT. KUTABI W/O. ABUSHAH JAMADAR, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O. JUGUL, TQ: ATHANI, DIST: BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI. SANGRAM S. KULKARNI, ADV. FOR R1; R2, R4 & R5 ARE SERVED; R3 & R6 DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI THEREBY SETTING ASIDE THE IMPUGNED ORDER DATED:06.12.2017 PASSED BY THE SENIOR CIVIL JUDGE, CHIKODI IN O.S.NO.260/2014 AT ANNEXURE-E AND ETC.

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3 - NC: 2024:KHC-D:12823 WP No. 100115 of 2018

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

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Heard the learned counsel for the petitioner and learned counsel for the respondent and perused the order sheet of the Trial Court, wherein, the Trial Court, vide order dated 06.12.2017, has allowed I.A No.III and the record discloses that an application is filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “CPC”), for amendment of the plaint and the same is also resisted by filing the statement of objections, as per Annexure-D, as against the application Annexure-C.

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The Trial Court without considering the application and also the statement of objections passed an order, even nothing is discussed in the order. Hence, the impugned order is set aside and there is no speaking order either considering grounds urged in application Annexure-C and also the statement of objections as per Annexure-D. Hence, the order is set aside and the Trial Court is directed to pass an order by considering the application as well as the statement of

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4 - NC: 2024:KHC-D:12823 WP No. 100115 of 2018

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objections, whether the same alter the nature of the suit and whether the amendment causes any prejudices on the defendant. Hence, there is a merit in the writ petition to quash the order.

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In view of the discussions made above, I pass the following:

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ORDER

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a) The writ petition is allowed.

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b) The impugned order dated 06.12.2017 is quashed and the Trial Court is directed to consider the application as well as objection and pass the order on merits.

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c) The suit is filed for the relief of partition and the suit is of the year 2014, hence, the Trial Court is directed to dispose off the matter within one year from the date of receipt of copy of the order.

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5 - NC: 2024:KHC-D:12823 WP No. 100115 of 2018

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d) The respective counsels are directed to assist the Trial Court in disposal off the case within one year and both the counsels are directed to furnish

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this copy of the order to the Trial Court forthwith.

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Sd/(H.P.SANDESH)

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JUDGE

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PMP CT-MCK List No.: 2 Sl No.: 2

Shri. Appalal Hussainsab Zadwale v. Smt. Mamataj W/O Omohiddin Mulla

Case brief

What is this about?

What did the court decide?

Shri. Appalal Hussainsab Zadwale v. Smt. Mamataj W/O Omohiddin Mulla

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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