Shankrappa @ Shankar Rao S/O ... vs Pramila Bai W/O Chandrakanth Belamgi & ... on 22 January, 2016

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Karnataka High Court

Shankrappa @ Shankar Rao S/O ... vs Pramila Bai W/O Chandrakanth Belamgi & ... on 22 January, 2016

Bench: Aravind Kumar

                              1




           IN THE HIGH COURT OF KARNATAKA

                  KALABURAGI BENCH

     DATED THIS THE 22ND DAY OF JANUARY 2016

                          BEFORE

     THE HON'BLE MR.JUSTICE ARAVIND KUMAR

       WRIT PETITION No.200760/2015 (GM-CPC)

Between:

Shankrappa @ Shankar Rao
S/o Shivalingappa
Age about 45 years
Occ: Employee ACC Wadi
R/o TRT 24/9, CDS Department
Tq. Chittapur, District Kalaburgi
                                             ...Petitioner
(By Sri R.S.Sidhapurkar, Advocate)

And:

1.     Pramila Bai
       W/o Chandrakanth Belamgi
       (D/o Shivalingappa)
       Aged about 50 years, Occ: Household
       R/o Aland, Tq. Aland
       District Kalaburagi- 585 302

2.     Neelamma W/o Rayappa Matiki
       Aged 53 years, Occ: Household
       R/o Kudrumalla Village
       Daultabad Mandal
       Mahaboobnagar District
       (Telegana State)- 401 002
                               2




3.    Basawaraj
      S/o Shivalingappa Minajgi
      Aged about 49 years, Occ: Agriculture
      R/o Ravoor Village, Tq. Chittapur
      District Kalaburgi- 585 222
                                               ...Respondents
(By Sri Amaresh S. Roja, Advocate for R1;
 R2 served)

      This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to call for the records
and issue a writ in the nature of Certiorari and quash the
entire proceedings in FDP No.5 of 2014 pending on the file of
the Civil Judge (Sr. Dn.) Chittapur, certified copy of which is
at Annexure-D and etc.

      This Writ Petition coming on for Orders this day, the
Court made the following:

                            ORDER

Though matter is listed for orders, with the consent of learned Advocates appearing for parties, matter is taken up for final disposal.

2. Heard Sri R.S.Sidhapurkar, learned Advocate appearing for petitioner and Sri Amresh S. Roja, learned Advocate appearing for respondents. 3

3. This writ petition is directed against proceedings initiated in FDP No.5/2014 by respondents, which proceedings has been initiated in view of preliminary decree having been drawn in O.S.No.125/2004 on 21.06.2007. On the ground that writ petitioner has filed one more suit in O.S.No.153/2004 and same has also been ended in preliminary decree being passed on 21.06.2007 in said judgment by granting 1/12th share and as such, two final decree proceedings against common judgment and decree is not maintainable, this writ petition has been filed.

4. Undisputedly, both the final decree proceedings i.e., FDP No.5/2014 and 8/2011 are pending in the Courts of Civil Judge (Senior Division) Chittapur and Sedam Courts respectively. Today, learned Advocates appearing for parties have filed a joint memo indicating thereunder that both final decree 4 proceedings may be heard and disposed of by Civil Judge (Senior Division) Chitatpur, and as such, they have prayed for suitable orders being passed in that regard.

5. In view of joint memo having been filed, without expressing any opinion as to the maintainability of FDP No.5/2014, this Court is of the considered view that it would suffice, if both the final decree proceedings are ordered to be listed before Civil Judge (Senior Division) Chittapur, and tried together.

With the above observations, writ petition stands disposed of.

Ordered accordingly.

Sd/-

JUDGE NB*

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