Disposed¶47

Vishwas N S v. Smt Rajeshwari

Karnataka HC30 Oct 2025WP/15981/2024

Case brief

AI extract

What is this about?

Article 227 writ against order dated 23.04.2024 on IA No.1 under Order I Rule 10(2) CPC in FDP No.7/2021 (Chintamani); drawing of final decree kept in abeyance pending disposal of O.S.165/2022, declaratory suit based on Will dated 12.12.2006 disputed by defendants; joint memo consent arrangement; FDP to proceed up to drawing-up stage; five-month timeline; High Court of Karnataka; single-judge oral order disposing of petition in terms of memo.

What did the court decide?

In terms of the joint memo: final decree proceedings in FDP.No.7/2021 to continue up to the stage of drawing up of final decree, but no final decree to be drawn till disposal of O.S.No.165/2022; Trial Court to make endeavours to dispose of O.S.No.165/2022 within five months from receipt of certified copy of this order. ¶47

Vishwas N S Vs Smt Rajeshwari — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the drawing of the final decree in FDP.No.7/2021, which relates to the same schedule property, should be kept in abeyance until disposal of O.S.No.165/2022 (declaratory suit based on a Will dated 12.12.2006 whose genuineness defendants 1 and 2 dispute).

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Court's answer

The writ petition is disposed of in terms of the joint memo filed by the parties.

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Ratio / Principle

The final decree proceedings in FDP.No.7/2021 shall continue till the stage of drawing up of final decree, but no final decree shall be drawn, till O.S.No.165/2022 filed by the petitioner before the Court of Senior Civil Judge & JMFC at Chintamani is disposed of.

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Key takeaways

Considering the terms of the joint memo, the Trial Court before which O.S.No.165/2022 is pending shall make endeavours to dispose of the said suit within the stipulated period of five months from the date of receipt of certified copy of this order.ratio¶47

Detailed headnote1 paragraphs

Karnataka HC (Bengaluru), W.P. No. 15981 of 2024 (GM-CPC), decided 30.10.2025 by S Vishwajith Shetty J. Writ petition under Article 227 sought quashing of the order dated 23.04.2024 passed on IA No.1 (under Order I Rule 10(2) of CPC) in final decree proceedings FDP.No.7/2021 of the Prl. Civil Judge & JMFC, Chintamani (Annexure-D). Counsel jointly submitted a memo recording that the schedule property in FDP.No.7/2021 and O.S.No.165/2022 (petitioner's declaratory suit founded on a Will dated 12.12.2006, disputed by defendants 1 and 2, pending before the Senior Civil Judge & JMFC, Chintamani) is the same. The writ petition was disposed of in terms of the joint memo: final decree proceedings to continue till the stage of drawing up of final decree, but no final decree to be drawn till disposal of O.S.No.165/2022; the Trial Court seized of O.S.No.165/2022 to make endeavours to dispose of the suit within five months from receipt of certified copy of the order.

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NC: 2025:KHC:43568 WP No. 15981 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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WRIT PETITION NO. 15981 OF 2024 (GM-CPC)

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BETWEEN:

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VISHWAS N.S AGED ABOUT 22 YEARS S/O N.V. SRINIVAS MURTHY R/AT TANK BUND ROAD NEAR PRAGATHI SCHOOL CHINTAMANI - 563 125.

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…PETITIONER

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(BY SRI B.R. VISWANATH, ADV.)

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AND:

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SMT. RAJESHWARI AGED ABOUT 71 YEARS D/O LATE N. VENKTACHALAPATHI R/AT SRINIVASA NILAYA TANK BUND ROAD

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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CHINTAMANI - 563 125.

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SMT. PADMAVATHI AGED ABOUT 76 YEARS W/O H.P. KRISHNAMURTHY MANAGER, VASAVI CHOULTRY NELAMANGALA - 562 123.

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SRI N.V. SRINIVASA MURTHY AGED ABOUT 71 YEARS S/O LATE N. VENKTACHALAPTHI R/AT VISHWAS PROVISION STORES NEAR D.N. CYCLE SHOP, MG ROAD CHINTAMANI - 563 125.

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…RESPONDENTS

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NC: 2025:KHC:43568 WP No. 15981 of 2024

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HC-KAR

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(BY SMT. NIRMALA K, ADV., FOR R-1 & R-2; R-3 SERVED - UNREPRESENTED)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 23.04.2024 PASSED IN FDP NO. 07/2021 PASSED IN IA NO. 1 BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, CHINTAMANI i.e., ANNX-D.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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This writ petition under Article 227 of the Constitution of India, is filed with a prayer to set aside the order dated 23.04.2024 passed on IA no.1 filed by the petitioner under Order I Rule 10(2) of CPC in FDP.No.7/2021 by the Court of Prl. Civil Judge & JMFC, Chintamani vide Annexure-D.

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Heard the learned Counsel for the parties.

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Learned Counsel for the parties jointly submit that, the proceedings in FDP.No.7/2021 may continue till the drawing up of final decree, but no final decree shall be drawn, till O.S.No.165/2022 which is filed by the petitioner before the Court of Senior Civil Judge & JMFC, Chintamani, is disposed of. They have accordingly filed a joint memo on behalf of the

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NC: 2025:KHC:43568 WP No. 15981 of 2024

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HC-KAR

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parties, which is signed by the learned Counsels appearing for

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the parties.

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The joint memo is taken on record. The same reads as under:

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"1. The suit schedule property in FDP.No.7/2021

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on the file of Prl. Civil Judge & JMFC at Chintamani and O.S.No.165/2022 on file of Senior Civil Judge & JMFC, at Chintamani is the same.

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The petitioner being the plaintiff has filed a

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suit for declaration in respect of the schedule property in pursuance of a Will dated 12.12.2006 in O.S.No.165/2022. Further it is submitted that the defendants No.1 and 2 have disputed the Will and the same is pending.

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It is prayed that the drawing of Final Decree

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in FDP.No.7/2021 may be kept in abeyance till the disposal of O.S.No.165/2022 on the file of Senior Civil Judge & JMFC, at Chintamani within five (5) months from this date.

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The petitioner undertakes to submit no objection for participation of respondents no.1 & 2 herein who are defendant no.1 & 2 respectively in the above said suit by filing any application for recalling plaintiff witnesses for cross-examination or

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NC: 2025:KHC:43568 WP No. 15981 of 2024

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HC-KAR

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adducing their evidence. The parties undertake to cooperate in concluding the proceeding in O.S.No.165/2022 within the stipulated time of five months. It is prayed that this Hon'ble Court be pleased to dispose of the writ petition accordingly in the interest of justice and equity."

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This writ petition is disposed of in terms of the joint memo. It is made clear that the final decree proceedings in FDP.No.7/2021 shall continue till the stage of drawing up of final decree, but no final decree shall be drawn, till O.S.No.165/2022 filed by the petitioner before the Court of Senior Civil Judge & JMFC at Chintamani is disposed of. It is needless to state considering the terms of the joint memo, the Trial Court before which O.S.No.165/2022 is pending shall make endeavours to dispose of the said suit within the stipulated period of five months from the date of receipt of certified copy of this order.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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Vishwas N S v. Smt Rajeshwari

Case brief

What is this about?

What did the court decide?

Vishwas N S v. Smt Rajeshwari

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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