Disposed

Sri Hanumagowda v. Smt Kotramma

Karnataka HC21 Mar 2024WP/3491/2024

Case brief

AI extract

What is this about?

The High Court disposed of the petition as no interim order existed and the first appellate court proceeded to hear the main appeal. The court directed the appellate court to decide the appeal without being influenced by the impugned order.

What did the court decide?

None granted; petition disposed of. The appellate court was directed to pronounce judgment without being influenced by the impugned order.

Sri Hanumagowda Vs Smt Kotramma — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC:11630 WP No. 3491 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 3491 OF 2024 (GM-CPC)

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BETWEEN:

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SRI.HANUMAGOWDA S/O KARIBASAPPA AGED ABOUT 57 YEARS

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SMT.DEEPA W/O MALLESHAPPA, AGED ABOUT 41 YEARS

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SMT.SANDYA D/O MALLESHAPPA, AGED ABOUT 13 YEARS, MINOR REPRESENTED BY HER MOTHER (DEEPA PETITIONER NO.2)

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SMT.RENUKAMMA W/O MAHEHWARAPPA, AGED ABOUT 46 YEARS

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Digitally signed by SUMITHRA R Location: HIGH COURT OF KARNATAKA

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SRI.ESHWARAPPA S/O KARIBASAPPA, AGED ABOUT 52 YEARS

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SRI.BASAVARAJAPPA S/O KARIBASAPPA, AGED ABOUT 27 YEARS

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SMT.MANJULA W/O BASAVARAJAPPA,, AGED ABOUT 33 YEARS

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SMT.GIRIJAMMA W/O GADIGEPPA, AGED ABOUT 77 YEARS

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NC: 2024:KHC:11630 WP No. 3491 of 2024

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ALL ARE R/O HINDASAGHATTA VILLAGE, HARIHAR TALUK-577 530 DAVANAGERE DISTRICT

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…PETITIONERS

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(BY SRI. V.B.SIDDARAMAIAH, ADVOCATE)

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AND:

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SMT.KOTRAMMA W/O. NARAYANAPPA, AGED ABOUT 90 YEARS,

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SRI.KARIBASAPPA S/O HANUMANTHAPPA, AGED ABOUT 63 YEARS,

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RESPONDENTS NO.1 & 2 ARE R/O YALAVATTI VILLAGE, HARIHAR TALUK-577 530 DAVANAGERE DISTRICT

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…RESPONDENTS

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(BY SRI.SANATH KUMAR SHETTY, ADVOCATE FOR CAV/R2)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 20.01.2024 PASSED IN R.A. NO. 51/2023, FILED FOR STAY OF THE JUDGEMENT AND DECREE OF THE TRIAL COURT, PASSED BY THE 2^ND ADDL. DISTRICT AND SESSIONS JUDGE, AT DAVANAGERE, PASSED IN THE ORDER SHEET VIDE ANNEXURE-G AND THEREBY ALLOW THE IA FILED BY THE PETITIONERS VIDE ANNEXURE-E.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2024:KHC:11630 WP No. 3491 of 2024

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ORDER

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This petition by the appellant in R.A.No.51/2023 on the file of the II Additional District and Sessions Judge, Davanagere is directed against the impugned order dated 20.01.2024 whereby the first appellate Court rejected I.A.No.1 filed by the petitioner/appellant under Order XLI Rule 5 CPC for stay of the judgment and decree dated 16.09.2023 passed in O.S.No.74/2016 by the Trial Court.

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A perusal of the material on record would indicate that the respondents/plaintiffs instituted a suit in O.S.No.74/2016 before the Trial Court for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. The petitioners/defendants contested the suit which culminated in the judgment and decree dated 16.09.2023 passed by the Trial Court decreeing the suit in favour of the plaintiffs against the defendants.

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The petitioners/defendants filed an appeal in R.A.No.51/2023 along with I.A.No.1 seeking stay of the judgment and decree of the Trial Court. The said application and appeal having been opposed by the respondents, the First Appellate Court proceeded to pass

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NC: 2024:KHC:11630 WP No. 3491 of 2024

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the impugned order rejecting I.A.No.1 filed by the petitioners/appellants. Aggrieved by the impugned order, the petitioners are before this Court by way of the present petition.

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It is the matter of record that since there is no interim order in the present petition, the First Appellate Court has proceeded further and heard the parties on the main appeal which stands directly posted for judgment on 06.04.2024.

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Under these circumstances, nothing further survives in the present petition and the same is accordingly disposed of. It is however, made clear that the First Appellate Court shall pronounce the judgment and decree in R.A.No.51/2023 on 06.4.2024 without being influenced by the findings and observations recorded in the impugned order. All rival contentions are kept open and no opinion is expressed on the same.

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SD/JUDGE

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Sri Hanumagowda v. Smt Kotramma

Case brief

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Sri Hanumagowda v. Smt Kotramma

Case brief

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