Smt. Meena Kumari Vs Sri. Basavaraju

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 15.11.2025 PASSED IN R.A. NO 17/2025 BY THE LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU VIDE ANNEXURE A AND PASS ORDERS ON I.A. NOS.2 TO 5 IN R.A. NO.17/2025 BEFORE PROCEEDING TO PASS FINAL JUDGMENT IN THE APPEAL.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Heard learned counsel for petitioners.

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The petitioners in the present petition have sought a

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direction to the appellate Court to consider and pass orders on

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3 -

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NC: 2025:KHC:52309 WP No. 36944 of 2025

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HC-KAR

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I.A. Nos.2 to 5 in R.A. No.17/2025 before proceeding to pass

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final judgment in the appeal.

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The suit came to be filed by the respondents/plaintiffs in O.S. No.1173/2023 against the petitioners/defendants for the relief of Permanent Injunction. The said suit came to be decreed by the judgment & decree dated 28.1.2025. Aggrieved by the said Judgment & Decree, the petitioners/defendants preferred an appeal in R.A. No.17/2025. Alongwith the appeal, the petitioners/defendants filed four applications - I.A. Nos.2 to 5 and in view of urgency, sought an order to be passed on the said applications. As the applications were not considered despite objections being filed by the respondents, the petitioners filed another application under Section 151 of CPC requesting the Court to hear and pass orders on I.A. Nos.2 to 5. The appellate Court dismissed the said application filed

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under Section 151 of CPC holding that the same does not survive for consideration. However, I.A. Nos.2 to 5 are yet to be heard. When the mater came up before the appellate Court on 24.11.2025, it was adjourned to 11.12.2025. It is submitted across the Bar by learned counsel for petitioners that I.As. are not heard and no orders are passed and the Court is

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4 - NC: 2025:KHC:52309 WP No. 36944 of 2025

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HC-KAR

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proceeding to hear the matter on merits. Therefore, petitioners

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are before this Court in the present petition.

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This Court does not find any need or necessity to issue notice to the respondents as the only relief sought in the present petition is to consider and pass orders on I.A. Nos.2 to 5 in R.A. No.17/2025 before proceeding to pass final judgment in the appeal.

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It is the vehement contention of learned counsel for petitioners that when the petitioners have filed four applications - I.A. Nos.2 to 5 and the respondents have filed objections, it is the duty and obligation on the part of the appellate Court to hear and pass orders on the said applications before proceeding to hear the arguments on the main matter. Learned counsel contends that petitioners would be satisfied if a direction is issued to the appellate Court to hear and pass orders on I.A. Nos.2 to 5 before proceeding to hear the arguments on the main matter.

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It is seen that the appeal is filed by the petitioners before the appellate Court questioning the judgment and decree passed in O.S. No.1173/2013. An appeal is nothing but

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5 - NC: 2025:KHC:52309 WP No. 36944 of 2025

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HC-KAR

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continuation of the suit. Therefore, when I.A. Nos.2 to 5 are

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filed, it is the duty and obligation on the part of the appellate Court to hear and pass orders on the said applications. It is not done in the present case, rather the appellate Court is proceeding to hear the main matter. It is of course the discretion of the trial Court based on the materials either to allow or reject the applications. But, it should necessarily hear and pass orders on the said applications before proceeding to hear the arguments on the main matter. Therefore, without going into the merits of the case, this Court deems it appropriate to direct the appellate Court to hear and dispose of I.A. Nos.2 to 5 before proceeding to hear arguments on merits of the appeal.

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Accordingly, I pass the following:

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O R D E R

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i) A direction is issued to the learned III Addl. Senior Civil Judge & JMFC, Tumakuru, to hear the learned counsel and pass orders on I.A. Nos.2 to 5 in R.A. No.17/2025, in accordance law, before proceeding to hear the arguments on merits of the appeal.

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