Allowed

Smt. Umadevi v. Smt. Jayamma

Karnataka HC8 Jan 2024WP/353/2024

Case brief

AI extract

What is this about?

Writ petition filed under Article 227 seeking directions to the Principal District and Sessions Judge to dispose of Appeal RA No. 21/2019 in accordance with the judgment in C.R.C. No. 1/2019 dated 22.04.2022, restoring the matter and expediting disposal.

What did the court decide?

Directions issued to the First Appellate Court to dispose of Appeal RA No. 21/2019 within one month, restore the matter to cross-examination of respondent No. 1 of P & SC 1/2011, and dispose of the ca

Smt. Umadevi Vs Smt. Jayamma — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:799 WP No. 353 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 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. 353 OF 2024 (GM-CPC)

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BETWEEN:

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SMT. UMADEVI, W/O ANKAPPA M. C., D/O LATE SIDDARAMAIAH AND SIDDAMMA, AGED ABOUT 56 YEARS, R/AT MENASIGANAHALLI, VIRUPAKSHIPURA HOBLI, CHANNAPATTANA TALUK, RAMANAGARA - 562 138.

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…PETITIONER

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(BY SRI. RAJESWARA P. N., ADVOCATE)

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AND:

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Digitally signed by VINUTHA B S Location: High Court of Karnataka

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SMT. JAYAMMA, W/O LATE PUTTA ANKAIAH, AGED ABOUT 60 YEARS,

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SMT. PRATHIBHA, W/O LOKESH, D/O LATE PUTTA ANKAIAH, AGED ABOUT 40 YEARS,

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SRI LOKESH, S/O LATE PUTTA ANKAIAH, AGED ABOUT 36 YEARS,

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NC: 2024:KHC:799 WP No. 353 of 2024

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SRI MALLESH, S/O LATE PUTTA ANKAIAH, AGED ABOUT 36 YEARS

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SMT. RATHNA, W/O KUMAR, D/O LATE PUTTA ANKAIAH, AGED ABOUT 34 YEARS,

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RESPONDENTS No.1 TO 5 ARE R/AT ANKANAHALLI (V), BANNIKUPPE (P), KYLANCHA (H), RAMANAGARA - 562 159.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA TO DISPOSE OF THE APPEAL IN RA NO. 21/2019 IN ACCORDANCE WITH THE JUDGMENT DATED 22/04/2022 IN CRC NO. 1/2019 PASSED BY THIS COURT AT ANNEXURE-L EXPEDITIOUSLY SO AS TO RESTORE THE MATTER TO P AND SC 1/2011 TO THE STAGE OF CROSS EXAMINATION OF R1 AND TO DISPOSE OF THE SAID CASE AS EXPEDITIOUSLY AS POSSIBLE AS MAYBE STIPULATED BY THIS COURT.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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In this petition, the petitioner has sought for the following relief:

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"To issue appropriate directions to the Principal District and Sessions Judge, Ramanagara to dispose of the Appeal in RA No.21/2019 in accordance with the Judgment

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3 - NC: 2024:KHC:799 WP No. 353 of 2024

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dated 22.04.2022 in CRC No.1/2019 passed by this Hon'ble Court at Annexure - L expeditiously so as to restore the matter to P & Sc 1/2011 to the stage of Cross Examination of respondent No.1 and to dispose of the said case as expeditiously as possible as may be stipulated by this Hon'ble Court, in the interest of justice and equity."

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The limited grievance in the present petition by the petitioner is for a direction to the First Appellate Court to dispose of RA No.21/2019 in accordance with law as expeditiously as possible in view of the judgment of the Hon'ble Division Bench of this Court in the case of SRI.

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BOPPANDA N. KUSHALAPPA V/S. SRI. BALEYADA K. CHERAMANNA AND OTHERS in C.R.C. No.1/2019

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dated 22.04.2022.

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It is submitted that the said appeal is posted before the First Appellate Court on 12.01.2024 and direction may be issued to dispose of the same as expeditiously as possible.

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NC: 2024:KHC:799 WP No. 353 of 2024

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Submission is placed on record.

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The First Appellate Court before whom RA

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No.21/2019 is directed to dispose of the said appeal bearing in mind the judgment of the Hon'ble Division Bench of this Court in C.R.C. No.1/2019 dated 22.04.2022 in accordance with law within a period of one month from

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that date.

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Sd/JUDGE

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VBS List No.: 1 Sl No.: 72

Smt. Umadevi v. Smt. Jayamma

Case brief

What is this about?

What did the court decide?

Smt. Umadevi v. Smt. Jayamma

Case brief

What is this about?

What did the court decide?

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