Defendant in partition suit challenged orders appointing a revenue officer and directing a fresh commissioner's report during pendency of the first appeal. The court directed that no final decree be drawn until disposal of the pending appeal, while allowing further proceedings, and directed disposal of the appeal within one year.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 8693 OF 2024 (GM-CPC)
BETWEEN:
SMT. GANGAHANUMAMMA W/O. LATE DEVARATHIMAIAH, AGED ABOUT 68 YEARS, RESIDING AT MALLANAYAKANAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK-572142 TUMKUR DIST.
…PETITIONER
(BY SRI. CHANDRANATH ARIGA K., ADVOCATE)
AND:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
RANGASWAMY S/O LATE NANJAPPA, DEAD BY LRS,
(RESPONDENT NOS.7 TO 9) ARE MINORS REPRESENTED BY THEIR
NATURAL GUARDIAN MOTHER BY NAME ANITHA RESPONDENT NO.6)
W/O. LATE RANGAPPA, AGED ABOUT 75 YEARS, RESIDING AT NO.206, 5TH CROSS, INDIRANGARA, BENGALURU-560010.
NC: 2024:KHC:44868 WP No. 8693 of 2024
W/O. NANJAPPA, D/O. LATE BORAMMA, AGED ABOUT 55 YEARS, RESIDING AT NO.993, 2ND B CROSS, SANNKIBYALU, KAMAKSHIPALYA, BENGALURU-560079.
…RESPONDENTS (BY SRI. KRISHNAMURTHY M.R., ADVOCATE FOR RESPONDENT NOS.1 TO 2;
VIDE ORDER DATED 21.03.2024, NOTICE TO RESPONDENT NOS.3 TO 16 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.02.2024 AND 24.01.2023 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, KUNIGAL, TUMAKUR IN FDP NO.9/2021 VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The defendant No.11 in FDP No.9/2021 on the file of
Principal Civil Judge and JMFC, Kunigal has filed this petition challenging an order dated 24.01.2023 as well as the order
NC: 2024:KHC:44868 WP No. 8693 of 2024
dated 02.02.2024 by which, the Final Decree Court appointed a revenue officer to suggest a scheme of partition and later directed the Court commissioner to file a fresh report, respectively.
NC: 2024:KHC:44868 WP No. 8693 of 2024
have proceeded with the acceptance of the report of the commissioner.
NC: 2024:KHC:44868 WP No. 8693 of 2024
or are not necessary for consideration of the appeal, the appellate court shall dispense notice to said respondents and proceed in accordance with law.
Sd/(R. NATARAJ) JUDGE
HJ
List No.: 2 Sl No.: 18
1 issue framed by the court
Whether the final decree court could proceed with the commissioner's report while the first appeal against the preliminary decree was pending.
2 provisions across 2 enactments
Smt. Gangahanumamma W/o. Late Devarathimaiah
Smt. Sakamma W/o. Gowdaiah
Smt. Sannamma W/o. Thimmaiah
Lakshmamma W/o. Late Rangaswamy
Nagaraju S/o Late Rangaswamy
Smt. Renuka W/o Srinivasa
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
