Karnataka High Court
Nagalaxmi vs Mannava Raghunath And Ors on 25 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 203284 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.203284/2024(GM-CPC)
BETWEEN:
SMT. NAGALAXMI
W/O VENKATA RAMA KRISHNA RAO,
AGED ABOUT: 50 YEARS, OCC: AGRICULTURE,
R/O: MALLIKARJUNA NAGARA, AMBERPET,
HYDERABAD CITY-500003,
TELANGANA STATE.
...PETITIONER
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
Digitally signed AND:
by SUMITRA
SHERIGAR
Location: HIGH 1. SRI MANNAVA RAGHUNATH
COURT OF
KARNATAKA S/O M. SHANKAR RAO,
AGED ABOUT: 36 YEARS,
OCC: AGRICULTURE,
R/O: PANDURANGA CAMP, TQ: MASKI,
DIST : RAICHUR-584102.
2. SRI MANNAVA NAGESHWARA RAO
S/O M. SHANKAR RAO,
AGED ABOUT: 38 YEARS,
OCC: AGRICULTURE,
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WP No. 203284 of 2024
R/O: HYDERABAD CITY-500003.
TELANGANA STATE-500003
3. SMT. MANNAVA RAJALAKSHMI
W/O M. SHANKAR RAO,
AGED ABOUT: 54 YEARS,
OCC: AGRICULTURE,
R/O: NAVEEN FARM HOUSE,
VANGAPALLI VILLAGE,
TQ. BHIVANAGIRI,
DIST: YADADHARI,
TELANGANA STATE-508116.
4. SRI MANNAVA SHANKAR RAO S/O NAGAYYA,
AGED ABOUT: 60 YEARS, OCC: AGRICULTURE,
R/O NAVEEN FARM HOUSE,
VANGAPALLI VILLAGE, TQ. BHIVANAGIRI,
DIST: YADADHARI-508116.
TELANGANA STATE.
...RESPONDENTS
(BY SRI MAHANTESH PATIL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO A WRIT ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED ORDER DATED 23.08.2024, PASSED IN
M.A.NO.01/2024, BY THE SENIOR CIVIL JUDGE & JMFC,
LINGASUGURU VIDE ANNEXURE-A, CONSEQUENTLY CONFIRM
THE ORDER DATED 08.12.2023, PASSED ON I.A.NO.1 FILED
U/O.39 RULE 1 & 2 OF THE CODE OF CIVIL PROCEDURE IN
O.S.NO.214/2023 BY THE CIVIL JUDGE & JMFC, MASKI, VIDE
ANNEXURE-E.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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WP No. 203284 of 2024
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
1. This petition by the plaintiff in O.S. No.214/2023 is directed against the impugned order dated 23.08.2024 passed in M.A. No.01/2024 by the Senior Civil Judge and JMFC Lingasuguru, (First Appellate Court), whereby, the said appeal filed by the respondents was allowed by setting aside the order in O.S. No.214/2023 dated 08.12.2023 passed by the Civil Judge and JMFC, Muski, (Trial Court), on I.A. No.I granting temporary injunction in favor of the petitioner-plaintiff against the respondents-defendants.
2. A perusal of the material on record will indicate that the petitioner-plaintiff is the daughter of one Duggineni Venkateshwar Rao, who has one more daughter Mannava Rajalakshmi. The said Mannava Rajalakshmi instituted a suit, which is presently numbered as O.S. No.290/2023 and pending on the file of the Court of the Senior Civil Judge Lingasuguru. In the said suit, the -4- NC: 2024:KHC-K:9050 WP No. 203284 of 2024 aforesaid Duggineni Venkateshwar Rao is arrayed as defendant No.1, whereas Nagalakshmi, the petitioner herein is arrayed as defendant No.2 and they are contesting the suit. The said suit is one for partition and separate possession of the alleged share of Rajalakshmi in the suit schedule properties.
3. Subsequently, the petitioner herein (defendant No.2) instituted the present suit in O.S. No.214/2023 for permanent injunction and other reliefs, in relation to a portion of the suit schedule properties. In the instant suit filed by petitioner - Nagalakshmi, her sister Mannava Rajalakshmi was arrayed as defendant No.3, while her husband was arrayed as defendant No.4 and their children as defendant Nos.1 and 2 respectively. In the instant O.S. No.214/2023, the petitioner-plaintiff having filed an application for temporary injunction against the defendants, the same was allowed by the Trial Court vide order dated 08.12.2023, but reversed by the First Appellate Court in M.A. No.1/2024 dated 23.08.2024 by -5- NC: 2024:KHC-K:9050 WP No. 203284 of 2024 passing the impugned order, which is assailed in the present petition.
4. A perusal of the material on record will indicate that while the present suit in O.S. No.214/2023 is currently pending between the petitioner and respondents before the Trial Court, which is the Court of the Civil Judge, Maski, the more comprehensive suit filed by respondent No.3 herein, against the petitioner and their father in O.S. 290 of 2023 is pending before the Court of the Senior Civil Judge, Lingasuguru. It is an undisputed fact and a matter of record that the suit schedule properties involved in the present O.S. No.214/2023 is a portion of the suit schedule property involved in O.S. No.290/2023, which is a comprehensive suit for partition and separate possession filed by respondent No.3 herein. It is needless to state that having regard to the undisputed relationship between the parties and identical nature of the properties involved in both the suits, common -6- NC: 2024:KHC-K:9050 WP No. 203284 of 2024 questions of law and facts arise for consideration in both the suits.
5. As stated supra, while the present O.S. No.214/2023 is pending before the Court of the Civil Judge, Muski, the earlier suit in O.S. No.290/2023 is pending before the Court of the Senior Civil Judge, Lingasuguru. Under these circumstances, though, several contentions are urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, the present petition deserves to be disposed of modifying the order of the Trial Court as well as the order passed by the First Appellate Court and by directing both parties to maintain status-quo in all respect in relation to the suit schedule properties, till disposal of the suit.
6. In addition there too, in the peculiar/special facts and circumstances of the instant case, I deem it just and appropriate to exercise my powers under Article 227 -7- NC: 2024:KHC-K:9050 WP No. 203284 of 2024 of the Constitution of India read with Section 24 of CPC and withdraw O.S. No.214/2023 from the file of the Court of the Civil Judge and JMFC, Muski, and transfer the same to the Court of the Senior Civil Judge, Lingasuguru, to be consolidated, clubbed, tried and disposed of along with O.S. No.290/2023 in accordance with law.
7. In the result, the following:
ORDER
i) The writ petition is disposed of.
ii) The order dated 08.12.2023 passed in O.S. No.214/2023 and impugned order dated 23.08.2024 passed in M.A. No.1/2024 are hereby modified.
iii) The parties are directed to maintain status-
quo in all respects as on today, in relation to the suit scheduled properties, till disposal of the suit.
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iv) The suit in O.S. No.214/2023 presently pending on the file of the Court of the Civil Judge, Muski, is hereby withdrawn from the said Court and transferred to the Court of the Senior Civil Judge, Lingasuguru, to be clubbed, consolidated, tried and disposed of along with O.S. No.290/2023, which is currently pending on the file of the said Court, and in accordance with law.
v) All rival contentions on all aspects of the matter in both the suits are kept open and no opinion is expressed on the same.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SBS List No.: 1 Sl No.: 16