Karnataka High Court
Girigowda vs Sri.Gopal Gowda on 13 June, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:20280
WP No. 4677 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 4677 OF 2023 (GM-CPC)
BETWEEN:
GIRIGOWDA
S/O LATE SALAGIRIGOWDA
AGED ABOUT 58 YEARS
R/AT CHELUR VILLAGE,
MARALVADI HOBLI,
HAROHALLI HOBLI,
KANAKAPURA TALUK 562112
...PETITIONER
(BY SRI. SURESH K DESAI, ADVOCATE)
AND:
1. SMT. CHIKKATHAYAMMA
W/O LATE VENKATACHALAIAH,
AGED ABOUT 60 YEARS.
Digitally signed
by SUNITHA
GANGARAJU 2. SRI. RAMACHANDRA. C.V
S/O LATE VENKATACHALAIAH,
Location: High
Court of AGED ABOUT 44 YEARS,
Karnataka
BOTH ARE RESIDING AT
CHEILUR VILLAGE
NEAR GOVT.SCHOOL,
MARALAWADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112
3. SRI. RAMAKRISHNAIAH
S/O KALEGOWDA,
AGED ABOUT 65 YEARS,
CHEILUR VILLAGE,
MARALAWADI HOBLI,
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NC: 2023:KHC:20280
WP No. 4677 of 2023
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112
4. SALEGOWDA @ SANNAPPA
S/O LATE CHIKKAVENKATE GOWDA,
AGED ABOUT 70 YEARS
CHEILUR VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112
5. KALEGOWDA @ KULLAPPA
S/O LATE CHIKKAVENKATE GOWDA
AGED ABOUT 70 YEARS
CHEILUR VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112.
6. GIRIGOWDA
S/O HONNEGOWDA
AGED ABOUT 75 YEARS,
CHEILUR VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112
7. VENKATACHALAIAH
S/O HONNEGOWDA
AGED ABOUT 75 YEARS,
CHEILUR VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112
8. SMT. RATNAMMA
W/O CHIKKAVENKATAPPA,
D/O LATE DEVAMMA,
AGED ABOUT 68 YEARS,
RESIDING AT PUTTAHEGADEVALASE VILLAGE,
HAROHALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112
9. SRI RAMU
S/O LATE DEVAMMA,
AGED ABOUT 66 YEARS,
RESIDING AT CHEILUR VILLAGE,
-3-
NC: 2023:KHC:20280
WP No. 4677 of 2023
MARALAWADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112.
10. SRI. GOVINDAIAH
S/O LATE DEVAMMA
AGED ABOUT 64 YEARS,
RESIDING AT CHEILUR VILLAGE,
MARALAWADI HOBLI,
RAMANAGAR DISTRICT-562112
11. HONNAMMA
W/O LATE CHIKKADEVAYA,
AGED ABOUT 75 YEARS,
CHEILUR VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112
12. LINGARAJU,CHIKKARAJU
S/O LATE CHIKKADEVAYA,
CHEILUR VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562112
13. SMT. JAYAMMA
D/O LATE SALAGIRIGOWDA,
AGED 55 YEARS,
RESIDING AT BETTEGOWDANADODDI VILLAGE,
HAMLETT OF SUNDAGHATTA,
MARALAWADI HOBLI,
KANAKAPURA TALUK-562117
14. SMT. LAXMAMMA
D/O LATE SALAGIRIGOWDA,
AGED ABOUT 50 YEARS,
RESIDING AT BETTEGOWDANADODDI VILLAGE,
HAMLETT OF SUNDAGHATTA,
MARALAWADI HOBLI,
KANAKAPURA TALUK-562117.
15. SRI VENKATACHALA
S/O LATE SALAGIRIGOWDA,
AGED ABOUT 45 YEARS,
CHEILUR VILLAGE,
MARALAWADI HOBLI,
RAMANAGARA DISTRICT-562112
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NC: 2023:KHC:20280
WP No. 4677 of 2023
16. MUDDAMMA(DECEASED)
W/O LATE SALAGIRIGOWDA,
RESIDING AT CHEILUR VILLAGE,
MARALAWADI HOBLI,
RAMANAGAR DISTRICT-562112
...RESPONDENTS
(BY SRI. NATARAJ BABA K., ADVOCATE FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER
DATED 11.01.2023 ON THE INTERIM APPLICATION DATED 17.10.2022
UNDER SECTION 10 READ WITH 151 OF C.P.C WAS FILED ON THE FILE
OF SENIOR CIVIL JUDGE AND J.M.F.C KANAKAPURA AT KANAKAPURA IN
L.A.C NO. 72/2014 TO STAY FURTHER PROCEEDINGS VIDE ANNEXURE-A
AND ISSUE DIRECTION TO THE SENIOR CIVIL JUDGE AND J.M.F.C.
KANAKAPURA AT KANAKAPURA TO DECIDE AND PRONOUNCE THE
JUDGEMENT AND ORDER ON THE APPLICATION UNDER SECTION 10 OF
CPC FILED BY THE PETITIONER IN L.A.C NO, 72/2014 PRAYING FOR THE
STAY OF SUIT
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned order dated 11.01.2023 passed in LAC No.72 of 2015 on the file of the Senior Civil Judge and JMFC, Kanakapura, whereby the application filed by the petitioner - claimant No.11(a) under Section 10 read with Section 151 of CPC seeking stay of further proceedings till disposal of O.S No.775 of 2014 pending before the Civil Judge, Senior Division at Kanakapura, was rejected by the trial Court. -5-
NC: 2023:KHC:20280 WP No. 4677 of 2023
2. Heard the learned counsel for the parties and perused the material available on record.
3. The material on record discloses that in the aforesaid proceedings under Sections 30 and 31 of the Land acquisition Act, the petitioner is arrayed as claimant No.11(a) while the respondents are the remaining claimants and they are contesting the proceedings. In the meanwhile, the petitioner along with others has instituted one more suit in O.S No.75 of 2014 against some of the respondents for partition and separate possession of their alleged share in the suit schedule properties including the properties which are subject matter of the aforesaid LAC No.72 of 2015. The said suit in O.S No.75 of 2014 is also pending on the file of the trial Court, in which the petitioner is arrayed as plaintiff No.6.
4. During the pendency of the aforesaid LAC No.72 of 2015, the petitioner filed the instant application under section 10 of CPC seeking stay of further proceedings in LAC No.72 of 2015 on the ground that the issue involved in the said proceedings was directly and substantially in the previously instituted suit in O.S No.775 of 2014 and consequently, further proceedings in the suit -6- NC: 2023:KHC:20280 WP No. 4677 of 2023 LAC No.72 of 2015 deserve to be stayed till pending disposal of O.S No.775 of 2014. The said application having been opposed by the respondents, the trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which, the petitioner before this Court by way of the present petition.
5. A perusal of the material on record will indicate that there are several contentious issues and disputed questions of facts and law that would arise for consideration between all the parties including the parties to LAC No.72 of 2015 and O.S No.775 of 2014. It is not in dispute that the subject matter of the LAC No.72 of 2015 proceedings are also involved in the aforesaid suit in O.S No.775 of 2014. Under these circumstances, without expressing any opinion on the merits/ demerits of the rival contentions, I deem it just and appropriate to dispose of this petition without interfering with the impugned order and by directing the trial Court i.e., Court of the Senior Civil Judge and JMFC, Kanakapura to club, consolidate, try and dispose of both LAC No.72 of 2015 and O.S No.775 of 2014 together in accordance with law after providing sufficient and reasonable opportunity to all the parties involved in both the cases. All rival contentions on all aspects of the matter in -7- NC: 2023:KHC:20280 WP No. 4677 of 2023 both the cases are kept open and no opinion is expressed on the same. Subject to the aforesaid directions, the petition stands disposed of.
The trial Court is directed to dispose of both LAC No.72 of 2015 and O.S No.775 of 2014 as expeditiously as possible and preferably on or before 21.12.2023.
Sd/-
JUDGE SKS