Appeals and writ petition challenging interim orders in O.S.No.74/2013 were dismissed as infructuous since the underlying suit was settled in Lok Adalat on 09.12.2023.
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: 2024:KHC-D:14951 MFA No. 101786 of 2019 C/W MFA No. 101785 of 2019 WP No. 109960 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 101786 OF 2019 (CPC-) C/W
MISCELLANEOUS FIRST APPEAL NO. 101785 OF 2019 WRIT PETITION NO. 109960 OF 2019
MISCELLANEOUS FIRST APPEAL NO. 101786 OF 2019
BETWEEN:
S/O GEJJEHALLI HUSSAIN SAB AGED ABOUT: 56 YEARS, R/AT: KAMPLI, HOSAPETE TALUK, BALLARI-583132.
Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka
S/O LATE M RAJANAYYA SAB AGED ABOUT: 59 YEARS, R/AT: KAMPLI FORT, KAMPLI, HOSAPETE TALUK, BALLARI-583132.
S/O LATE B. IMAM SAB AGED ABOUT: 67 YEARS, R/AT: KAMPLI, HOSAPETE TALUK, BALLARI-583132.
NC: 2024:KHC-D:14951 MFA No. 101786 of 2019 C/W MFA No. 101785 of 2019 WP No. 109960 of 2019
HOSAPETE TALUK, BALLARI-583132.
S/O LATE K.SATTAR SAB AGED ABOUT: 53 YEARS, R/AT: KAMPLI, HOSAPETE TALUK, BALLARI-583132.
NC: 2024:KHC-D:14951 MFA No. 101786 of 2019 C/W MFA No. 101785 of 2019 WP No. 109960 of 2019
AGED ABOUT: 41 YEARS, R/AT: KAMPLI, HOSAPETE TALUK, BALLARI-583132.
…APPELLANTS
(BY SMT. V. VIDYA IYER, ADVOCATE)
AND:
NC: 2024:KHC-D:14951 MFA No. 101786 of 2019 C/W MFA No. 101785 of 2019 WP No. 109960 of 2019
KAMPLI, HOSAPETE TALUK, BALLARI DISTRICT-583201.
…RESPONDENTS
(BY SRI. K. ANANDKUMAR, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 104 READ WITH ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR AND EXAMINE THE RECORDS IN O.S.NO.74/2013 AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HOSAPETE IN O.S.NO.74/2013 ON I.A.NO.16 DATED 31.01.2019 AND ALLOW THIS APPEAL WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO GRANT, IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MISCELLANEOUS FIRST APPEAL NO. 101785 OF 2019
BETWEEN:
SAYED ABDUL HASSAN QUADRI, S/O LATE SYED SHAH BADRUDDIN QUADRI, AGED ABOUT: 30 YEARS, R/AT: DOOR NO.102(NEW NO.202), WARD NO.2, DIWAN KHANA, KAMPLI, HOSAPETE TALUK, BALLARI DISTRICT-583201.
…APPELLANT
(BY SMT. V. VIDYA IYER, ADVOCATE)
AND:
SAYED SHAH MAHMUD QADRI, S/O SAYED SHAH MURTUZA QUADRI, AGED ABOUT: 56 YEARS, OCC: AGRICULTURE, R/AT: DIWAN KHANA, KAMPLI, HOSAPETE TALUK,
NC: 2024:KHC-D:14951 MFA No. 101786 of 2019 C/W MFA No. 101785 of 2019 WP No. 109960 of 2019
BALLARI DISTRICT:583201.
…RESPONDENT
(BY SRI. K. ANANDKUMAR, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 104 READ WITH ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR AND EXAMINE THE RECORDS IN O.S.NO.74/2013 AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HOSAPETE IN O.S.NO.74/2013 ON I.A.NO.17 DATED 31.01.2019 AND ALLOW THIS APPEAL WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO GRANT, IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
WRIT PETITION NO. 109960 OF 2019 (GM-CPC)
BETWEEN:
S/O LATE KADAPAH HUSSAIN SAB, AGED ABOUT 65 YEARS, R/AT KAMPLI, HOSAPETE TALUK, BALLARI DISTRICT-583132
S/O LATE ABDUL SAB, AGED ABOUT 73 YEARS, R/AT KAMPLI, HOSAPETE TALUK, BALLARI DISTRICT-583132
NC: 2024:KHC-D:14951 MFA No. 101786 of 2019 C/W MFA No. 101785 of 2019 WP No. 109960 of 2019
NC: 2024:KHC-D:14951 MFA No. 101786 of 2019 C/W MFA No. 101785 of 2019 WP No. 109960 of 2019
BALLARI DISTRICT-583132
S/O LATE GACHINMANI GAREEM SAB AGED ABOUT 59 YEARS, R/AT KAMPLI, HOSAPETE TALUK, BALLARI DISTRICT-583132
S/O K. BASHEER SAB AGED ABOUT 43 YEARS, R/AT KAMPLI, HOSAPETE TALUK, BALLARI DISTRICT-583132
…PETITIONERS
(BY SMT. V. VIDYA, ADVOCATE)
AND:
SAYED SHAH MAHMUD QADRI S/O SAYED SHAH MURTUZA QUADRI AGED ABOUT 56 YEARS, OCC: AGRICULTURE, R/AT DIWAN KHANA , KAMPLI, HOSAPETE TALUK, BALLARI DISTRICT-583201
…RESPONDENT
(BY SRI. K. ANANDKUMAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C. AT HOSAPETE IN O.S.NO.74/2013 DATED 31.01.2019 ON I.A.NO.15 FOUND AT ANNEXURE-G, ALLOW THIS WRIT PETITION.
THESE APPEALS AND WRIT PETITION COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned Counsel, Smt. V.Vidya, appearing for the appellants in the appeals and the petitioner in the writ petition, submits that the original suit in O.S.No.74/2013
has been disposed off as having been settled in the LokAdalath on 09.12.2023.
In view of the aforementioned, the above appeals and the writ petition are dismissed as having been rendered infructuous.
Sd/(C.M. POONACHA) JUDGE
YAN, List No.: 1 Sl No.: 63
3 provisions across 2 enactments
Gejjahalli Bhasha Sab and others (14 appellants/petitioners)
Sayed Abdul Hassan Quadri
Sayed Shah Mahmud Qadri
M. Honnurvali
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
