Smt. Vibha Sadanand Samant Vs Shri Uday S/O Govind Velangi

SMT. SHOBHA W/O SHIVANAND KINI, AGE: 58 YEARS, OCC: HOUSHOLD WORK, R/O: 9, KRISHNA SADAN, SHEETALDEVI TEMPLE ROAD, MOGHAL LINE, MAHIM, MUMBAI, MAHARASHTRA - 400016.

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Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA

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SMT. SHAILA W/O. VILAS NARGUNDKAR, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: IST BLOCK BHANU CO-OP SOCIETY, NEAR TANDULWADI, DOMBIWALI EAST MUMBAI, MAHARASHTRA - 421201.

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SMT. REKHA W/O. RAMESH NERURKAR, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: 9, SUKH NIVAS, CO-OP. SOCIETY, 10^TH PRABHAT ROAD, PUNE, MAHARASHTRA - 411004.

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SMT. LATA W/O. PRAKASH KAMAT, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.501, SIDDHI VINAYAK ROAD, AGAR BAZAR, DADAR, MUMBAI - 400018.

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2 - NC: 2026:KHC-D:1577 WP No. 109248 of 2025

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…PETITIONERS

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(BY SRI. VISHWANATH SULTANPURI, ADVOCATE A/W MISS. NAINA R.NERLI, ADVOCATE)

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AND:

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SHRI. UDAY S/O. GOVIND VELANGI, AGE: 48 YEARS, OCC: BUSINESS, R/O: 53/B, SOMAWAR PETH, TILAKWADI, BELAGAVI – 590006, DIST. BELAGAVI.

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SHRI GAJANAN S/O. GOVIND VELANGI, AGE: 56 YEARS, OCC: BUSINESS, R/O. SOMAWAR PETH, TILAKWADI, BELAGAVI-590006, DIST. BELAGAVI.

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M/S. UDAY METAL INDUSTRY, A PARTNERSHIP FIRM, HAVING ITS PLACE OF BUSINESS

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AT NO.10/2, MADHAVPUR VADGAON, BELAGAVI-590006, DIST. BELAGAVI, REPRESENTED BY RESPONDENT NO. 2.

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M/S U.G. ENTERPRISES, A PARTNERSHIP FIRM, HAVING ITS PLACE OF BUSINESS AT NO.10/2, MADHAVPUR VADGAON, BELAGAVI-590006, DIST. BELAGAVI, REPRESENTED BY RESPONDENT NO. 2.

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SMT. LAXMI W/O. GAJARNAN VELANGI, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: PLOT NO.53, SOMWAR PETH, TILAKWADI, BELAGAVI-590006, DIST. BELAGAVI,

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M/S DURGA CONSTRUCTIONS, A PARTNERSHIP CONCERN, HAVING ITS OFFICE AT DURGA RESIDENCY, MAHATMA PULE- ROAD, SHAHAPUR, BELAGAVI,

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DIST. BELAGAVI-590005, REPRESENTED BY ITS PARTNERS.

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SHRI. KRISHNAYYA SHIVARAM HEGDE, AGE: MAJOR, OCC: BUSINESS, R/O. DURGA RESIDENCY, MAHATMA PULE ROAD, VADAGAON, BELAGAVI - 590005.

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SHRI. P.B. PONNAPPA, AGE: MAJOR, OCC: BUSINESS, R/O: DURGA RESIDENCY, MAHATMA PULE ROAD, VADAGAON, BELAGAVI - 590005.

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SMT. SUDHA W/O. RAMRAO DALAVI, AGE: 85 YEAR, OCC: HOUSE HOLD WORK, R/O. "SAMARTHA CHAYA" PARSHWANATHA NAGAR, SANGLI, MAHARASHTRA - 416416.

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DINESH MAPANI AGE: MAJOR YEAR, OCC: BUSINESS, R/O: #9, KRISHNA RAJ LAYOUT (BOYCE COMPOUND) SHAHEEN RESIDENCY, NEAR HARSHA ELECTRONICS, CLUB ROAD, BELAGAVI-590006, DIST. BELAGVI.

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LOKAMANYA MULTIPURPOSE CO-OP SOCIETY LTD., TILAKWADI BRANCH, (ERSTWHILE LOKMANYA CO-OP CREDIT SOCIETY LTD) (MULTI-STATE) A SOCIETY REGISTERED UNDER THE MULTI STATE CO-OPERATIVE ACT 2002, HAVING ITS REGISTERED OFFICE AT PLOT.NO.30/2, A/1, SECOND CROSS RD, BHAGYA NAGAR, TILAKWADI, BELAGAVI-590006 REPRESENTED BY THEIR GENERAL MANAGER.

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SHRI. SANATKUMAR BHUPAL BALOJI, AGE : MAJOR YEARS , OCCUPATION : SERVICE, R/O: FLAT NO.F-104, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SMT. SANATKUMAR BALOJI, AGE : MAJOR YEARS , OCCUPATION : HOMEMAKER, R/O: FLAT NO. F-104, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI. GOKUL GURURAJ KUKNOR, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO.T-103, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI SANJEEV NARAHARI GAVASKAR SINCE DECEASED BY HIS LR’S

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MRS. ARUNA SANJEEV GAVASKAR, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO.T-101, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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KUM TANUSHRI SANJEEV GAVASKAR, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. T-101, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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KUM TANMAY SANJEEV GAVASKAR, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. T-101, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI LAXMESH DATTATRAY SHET, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. T-102, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI MANJUNATH DATTATRAY SHET, AGE : MAJOR YEARS , OCCUPATION : PRIVATE,

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R/O: FLAT NO. T-102, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SMT. PALLAVI PRASHANT VERNEKAR, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. T-102, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI PRASHANT VINAYAK VERNEKAR, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. T-102, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI SHASHIDHAR GURUNATHRAO KULKARNI, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. G-102, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI JEEVAN MOHAN GHOTGALKAR, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. S-103, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI SANDEEP VISHNU RAIKAR, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. F-101, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SMT. SUVARNA SANDEEP RAIKAR, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. F-102, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590006, DIST. BELAGAVI.

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SHRI D.R. SURESH BABU SINCE DECEASED BY HIS LR’S

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SHRI PRAMILA SURESH BABU, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. F-103, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590006, DIST. BELAGAVI.

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SHRI PRAVEEN RACHAPPA BANAKARI, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. G-103, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590006, DIST. BELAGAVI.

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MRS. METHU STEPHEN, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. S-104, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590006, DIST. BELAGAVI.

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SMT. NEENA SURESH THADATHIL, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. G-104, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590006, DIST. BELAGAVI.

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SHRI SUBHASH SIDAGOUDA DESAI, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. G-104, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590006, DIST. BELAGAVI.

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SMT. SHRUTHI SUBHASH DESAI, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. G-104, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590006, DIST. BELAGAVI.

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SHRI PAVAN VIJAYENDRARAO MITRAGOTRI, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. T-304, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI N. KRISHNA KUMARI, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. S-101, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI. 34. SMT. VIDYARANI ANAND SHETTY, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. S-102, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SHRI UMAKANT SUHEL KAKADE, AGE : 24 YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. F-401, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SMT. UJWALA SUHEL KAKADE, AGE : 44 YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO.F-401, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005, DIST. BELAGAVI.

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SMT. SWATI KESHAV CHELLALA, AGE : MAJOR YEARS , OCCUPATION : PRIVATE, R/O: FLAT NO. F-402, DURGA RESIDENCY APARTMENT, MAHATMA PHULE ROAD, VADAGOAN, BELAGAVI-590005.

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…RESPONDENTS

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(BY SRI. MANOJ BIKKANNAVAR, ADVOCATE FOR R14, 20, 21, 22, 24, 25, 27, 28 AND R30 TO R37; SRI. SANGRAM S.KULKARNI, ADVOCATE FOR R11;

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SRI. GIRISH A.YADWAD, ADVOCATE FOR R10; SRI. SHREESHAIL G.TOUKARI, ADVOCATE FOR R2 AND R5; NOTICE TO R1 TO R5 ARE HELD SUFFICIENT; NOTICE TO R5 TO R9, R12, R13, R15 TO R19, R23, R26, R29, R31, R33 AND R34 ARE DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 29/11/2025 PASSED ON I.A. NO.49 AND 50 IN O.S.NO.37/2008 BY THE I ADDL. SENIOR CIVIL JUDGE AND CJM, BELAGAVI VIDE ANNEXURE-G. B) ISSUE A WRIT OF MANDAMUS AND DIRECT THE TRIAL COURT TO HEAR, CONSIDER AND DECIDE ON THE I.A. NO.49 AND 50 IN O.S.NO.37/2008 BY THE I ADDL. SENIOR CIVIL JUDGE AND CJM. BELAGAVI VIDE ANNEXURES - D AND E RESPECTIVELY; C) ISSUE ANY OTHER WRIT, ORDER OF DIRECTION TO WHICH THE PETITIONER IS FOUND ENTITLED TO, IN THE PRESENT FACTS AND CIRCUMSTANCES.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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Aggrieved by the order dated 29.11.2025 passed on I.A. Nos.49 and 50 in O.S. No.37/2008 by the I Additional Senior Civil Judge and CJM., Belagavi (hereinafter referred to as ‘the Trial Court’ for short), plaintiff Nos.1 to 5 are before this Court.

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The facts of the case are that, the plaintiffs have filed a suit for partition and separate possession and plaintiff No.6 was leading the evidence and was taking care of entire case on behalf of other plaintiffs. That suit came to be dismissed on 01.06.2011. Aggrieved by the same, the petitioners have preferred an appeal i.e. RFA No.3126/2011 before this Court and by order dated 18.02.2014, the judgment and decree was setaside by this Court and the matter was remanded for trial. Plaintiff Nos.1 to 5 had filed I.A. Nos.49 and 50 to recall plaintiff No.1 for further cross-examination and I.A. No.48 was filed by defendant No.8 seeking permission to cross examine PW-1. These I.As. were dismissed by way of a common order dated 29.11.2025 by the Trial Court.

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The Trial Court while rejecting the applications, had discussed about when the suit was filed and from how long it is

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pending. It is observed by the Trial Court that on 29.05.2023, the learned predecessor Registrar has observed that the High Court has clearly given a direction to the Trial Court to dispose of the matter within 6 months i.e. in WP No.110657/2017 dated 27.09.2021. After that, several applications were filed under Order I Rule 10 of CPC by the plaintiffs and the same were allowed. The plaintiff No.6 has adduced his evidence on his behalf and also on behalf of other plaintiffs. Hence question of plaintiff No.1 adducing her evidence independently does not arise. It is observed that on 26.03.2025 an additional issue was framed and case was posted for further examination in chief of plaintiff No.1, if any, on additional issues. The counsel for plaintiff Nos.1 to 5 has filed several applications one after the other and that stage was not utilized by plaintiff No.1 nor adduced any additional evidence. Then the High Court has extended the time for disposal of the case i.e.1 year on 28.06.2025, again it was extended for another 6 months for the disposal of the case and the same will be completed in the month of December, 2025. The Court observed that the order sheet reveals that since the date of passing of the order by the High Court, the plaintiffs 1 to 5 have filed several interim applications

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under Order I Rules 10, 6 and 17 of CPC. All the applications are disposed of. The Trial Court observed that plaintiff Nos.1 to 5 are not co-operating for the disposal of the matter. Plaintiff Nos.1 to 5, without conducting further evidence of PW-1, they have adduced the evidence of plaintiff No.1 as PW2 and got marked several documents. The plaintiff No.6 has already adduced his evidence on his behalf and also on behalf of other plaintiffs. Again the plaintiff No.1 conducting her evidence independently can not be accepted. The Trial Court felt that there is no sufficient reason made out by the counsel for plaintiff Nos.1 to 5 to recall PW-1 and tender for cross-examination. Accordingly, the Trial Court felt that there are no grounds and these applications are filed only to drag on the proceedings. Accordingly rejected the same.

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Learned counsel appearing for the petitioners i.e. plaintiff Nos.1 to 5 submits that plaintiff No.6 was conducting the case and in fact, contrary to the orders of the Trial Court, he has alienated the property and to bring all that on record, they have filed several applications and there is no intention on the part of the plaintiffs to drag on the matter. It is submitted that, unless

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and until an opportunity is granted to lead further evidence of plaintiff No.1, they would not be able to place all the facts and the sales that are effected by the plaintiff No.6. It is submitted that, plaintiff No.1 was not present in the Morning Session as he was not keeping well and the Trial Court ought to have accommodated plaintiff No.1 and ought not to have closed his evidence.

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Learned counsels appearing for respondent Nos.14, 20, 21, 22, 24, 25, 27, 28 and 30 to 37, 11/defendant No.8 and 10/defendant No.7 submit that the Trial Court has rightly considered and dismissed the applications that were filed on behalf of plaintiff Nos.1 to 5. It is submitted that, in case if their request is considered and if this Court grants an opportunity to lead further evidence of plaintiff No.1, an opportunity may be given to all the purchasers and also the Society from whom they have availed the loan to cross examine and there may be a timeline to complete the examination and cross-examination.

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This Court having heard the counsels on either side,

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perused the material on record. It is so unfortunate that a case which is remanded to the Trial Court in the year 2014 is pending

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before the Court till 2026. It appears that the Trial Court has accommodated the parties and has given them ample time to prosecute the matter. This Court is conscious of the fact that the matter is pending from 2014, just because there is a direction from this Court. If the parties are not given the opportunity to adduce the evidence and considering in the light of the facts that there is a dispute between plaintiff No.6 and the other plaintiffs, it is their contention that plaintiff No.6 had violated the orders passed by the Trial Court by creating third party rights, all those persons are already brought on record basing on the applications filed by the plaintiffs. In spite of the fact that plaintiff No.6 has led the case and has adduced the evidence on behalf of other plaintiffs, in the changed scenario and in the facts and circumstances of this case, this Court is passing the following:

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ORDER

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(i) Accordingly, the writ petition is disposed of by setting aside the order dated 29.11.2025 passed on I.A. Nos.49 and 50 in O.S. No.37/2008 by the I Additional Senior Civil Judge and CJM, Belagavi.

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(ii) On 06.02.2026 and on 07.02.2026 the PW.2 i.e. the plaintiff No.1 shall lead the further evidence and on these days, all the defendants are at liberty to cross-examine the plaintiffs and any other evidence pending shall be concluded by 07.02.2026. Immediately the matter shall be posted for arguments and shall be disposed of within a period of one month from 07.02.2026.

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(iii) All pending I.As. in this writ petition shall stand closed.

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Sd/JUSTICE LALITHA KANNEGANTI

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RH CT: UMD List No.: 1 Sl No.: 10

Smt. Vibha Sadanand Samant v. Shri Uday S/O Govind Velangi

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Smt. Vibha Sadanand Samant v. Shri Uday S/O Govind Velangi

Case brief

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