Ratnamma W/O Veeranna Ramjolkar vs Tippareddy S/O Manikreddy Machareddy & ... on 22 November, 2016

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Karnataka High Court

Ratnamma W/O Veeranna Ramjolkar vs Tippareddy S/O Manikreddy Machareddy & ... on 22 November, 2016

Bench: A.N. Venugopala Gowda

                            1




            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH


       DATED THIS THE 22ND DAY OF NOVEMBER, 2016

                       BEFORE

     THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

         WRIT PETITION NO.205927/2016 (GM-CPC)

BETWEEN:

RATNAMMA
W/O VEERANNA RANJOLKAR
AGED ABOUT 59 YEARS
OCC: HOUSEHOLD & AGRICULTURE
R/AT VILLAGE KANKATTA
TQ. HUMNABAD DIST. BIDAR
                                          ...PETITIONER
(BY SRI. B.C. JAKA, ADV.)

AND:

1.      TIPPAREDDY
        S/O MANIKREDDY MACHAREDDY
        AGE: 56 YEARS, OCC: AGRICULTURE

2.      HANMANTH REDDY
        S/O MANIKREDDY MANCHAREDDY
        AGE: 54 YEARS, OCC: AGRICULTURE

3.      KASHINATH REDDY
        S/O MANIKREDDY MACHAREDDY
        AGE: 52 YEARS, OCC: AGRICULTURE

4.      VISHNU REDDY
        S/O MANIKREDDY MACHAREDDY
                               2




      AGE: 50 YEARS, OCC: AGRICULTURE

5.    ANAND REDDY
      S/O VISHNUREDDY MACHAREDDY
      AGE: 29 YEARS, OCC: AGRICULTURE

6.    BASAPPA REDDY
      S/O VISHNUREDDY MACHAREDDY
      AGE: 27 YEARS, OCC: AGRICULTURE

      ALL ARE R/AT VILLAGE KANKATTA
      TQ. HUMNABAD DIST. BIDAR- 585 330

                                           ...RESPONDENTS


      THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIAT E WRIT OR
DIRECTION BY QUASHING DATED 26.10.2016 PASSED IN IA
FILED U/OR.26 RULE 9 CPC, BY PRL. JUNIOR CIVIL JUDGE AT
HUMNABAD, IN OS. NO.134/2012, VIDE ANNEXURE-E AND ETC.

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

The application filed by the plaintiff/petitioner Under Order 26 Rule 9 R/w Section 151 CPC, to appoint Court Commissioner to conduct spot inspection and submit report having been rejected by the learned trial Judge vide Annexure-E, this petition was filed. 3

2. Learned Advocate for the petitioner submits that the main arguments of the suit has been heard and the case is posted for pronouncement of judgment.

3. As the case is at the stage of pronouncement of judgment, I do not find any justification to entertain this petition filed under Article 227 of Constitution of India.

However, if the decree to be pronounced were to be against the interest of plaintiff, it is open to the petitioner to seek remedy in the appeal, even in respect of the order impugned in this petition.

Petition is disposed of accordingly.

Sd/-

JUDGE SGS

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Karnataka High Court