Sri B Prithvi Raj v. Smt Neelamma
Case brief
What is this about?
Karnataka HC (Bengaluru), WP No. 7961 of 2020 (GM-CPC), decided 08-12-2025 by S Vishwajith Shetty J. Appeal-side stay application: I.A.No.3 under Order 41 Rule 5 CPC in R.A.No.11/2020 (Senior Civil Judge, Malur) sought stay of final decree dated 15.12.2018 in FDP.No.1/2015 (preliminary decree 19.12.2014 in O.S.No.447/2013); the appellate court dismissed it as not maintainable saying the FDP orders 'reached Finality'. High Court held the order non-speaking — 'absolutely no reasons are assigned' — set it aside and remanded for afresh consideration, directing expeditious disposal of the appeal on merits. Keywords: stay of final decree, Order XLI Rule 5 CPC, final decree proceedings, non-speaking/reason-less order, remand, Articles 226/227, partition suit execution stage.
What did the court decide?
Writ petition allowed; impugned order dated 11.03.2020 passed on I.A.No.3 in R.A.No.11/2020 by the Court of Senior Civil Judge, Malur set aside; matter remanded to the First Appellate Court to consider I.A.No.3 afresh and pass orders in accordance with law, with an endeavour to dispose of R.A.No.11/2020 on merits expeditiously.