Objectors challenged dismissal of applications under Order XXI Rule 97 and Section 47 CPC in final decree proceedings. Court found such applications would not arise given pending RSA proceedings over the same property, disposed of petition without interfering with impugned order.
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NC: 2024:KHC:427 WP No. 10047 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10047 OF 2023 (GM-CPC)
BETWEEN:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. SOMASHEKHARAIAH R P., ADVOCATE)
AND:
NC: 2024:KHC:427 WP No. 10047 of 2023
ALL ARE RESIDING AT KATENAHALLI KORA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT.
[R1 TO R5 ARE LRS OF R6]
AGED ABOUT 34 YEARS,
R1 TO 11 ARE RESIDING AT KATENAHALLI KORA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572321.
…RESPONDENTS (BY SRI. VEDAVYASA BHAT H., ADVOCATE FOR R1 TO R5; VIDE ORDER DTD 04.01.2024, R1 TO R5 ARE TREATED AS LRS OF R6;
R7 TO R11 ARE SERVED AND UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 18.03.2023 ON IA NO.11 AND IA NO.12 MADE IN FDP NO.3/1997 ON THE FILE OF THE PRL.SR.CIVIL JUDGE AND CJM,TUMAKURU UNDER ANNX-M.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned common order dated 18.03.2023 passed on I.A.Nos.XI and XII in FDP.No.3/1997 on the file of the Principal Senior Civil Judge and CJM, Tumakuru [for short, ‘ the trial Court ’]
NC: 2024:KHC:427 WP No. 10047 of 2023
whereby, the said applications filed by the petitioners/ objectors under Order XXI Rule 97 read with Section 47 of the Code of Civil Procedure, 1908 [for short, ‘ CPC’ ] were dismissed by the trial Court.
NC: 2024:KHC:427 WP No. 10047 of 2023
present final decree proceedings, the petitioners’ appeal and CROB in R.S.A.No.2238/2018 and R.S.A.CROB No.7/2021 are pending before this Court between the petitioners, their predecessors-in-title and respondent Nos.1 to 5 in relation to the very same suit schedule property. In this context, it is relevant to state that in the proceedings under Order XXI of CPC or Section 47 of CPC, the question of the petitioners filing an application as obstructers/objectors invoking either under Order XXI Rule 97 or Section 47 of CPC would not arise in the facts and circumstances of the instance case.
expressing any opinion on the merits/demerits on the rival contentions in R.S.A.No.2238/2018 and R.S.A.CROB No.7/2021, I deem it just and appropriate to dispose of this petition without interfering with the impugned order and by leaving open all contentions between the parties to be decided in R.S.A.No.2238/2018 and R.S.A.CROB No.7/2021. Liberty is reserved in favour of the parties to workout their remedies in R.S.A.No.2238/2018 and
NC: 2024:KHC:427 WP No. 10047 of 2023
R.S.A.CROB No.7/2021 without being influenced by the findings and observations recorded in the impugned order.
Liberty is also reserved in favour of both the parties
to take recourse to such remedies as available in law.
Subject to the aforesaid liberty reserved in favour of
the parties, the petition stands disposed of accordingly.
Sd/JUDGE
RB
1 issue framed by the court
Whether the petitioners could file obstruction/objector applications under Order XXI Rule 97 and Section 47 CPC during pending final decree proceedings.
2 provisions across 2 enactments
Smt. Girijamma
Sri. Nagaraju
Sri. Puttarudraiah
Sri. Basavaraju
Sri. Mallikarjunaiah
Smt. Siddagangamma
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
