Karnataka High Court
The Chirman vs Basavant S/O Irappa Badiger on 10 April, 2023
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WP No. 100960 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 100960 OF 2023 (GM-CPC)
BETWEEN:
1. THE CHIRMAN,
THE GRAM PANCHAYAT, KAROSHI,
TAL: CHIKODI, DIST: BELAGAVAGI.
REPRESENTED BY ITS PRESIDENT,
SMT. SAVITRI EKNATH JEDHE,
AGE: 34 YEARS, OCC: CHAIRMAN,
THE GRAM PANCHAYAT, KAROSHI,
TAL: CHIKODI, DIST: BELAGAVAGI.
VISHAL 2. THE SECRETARY,
NINGAPPA REPRESENTED BY ITS PDO,
PATTIHAL GRAM PANCHAYAT, KAROSHI VALLAGE.
AT/POST: KARSOHI, TAL: CHIKODI ,
Digitally signed by
VISHAL NINGAPPA REPRESENTED BY ITS PDO,
PATTIHAL
Location: Dharwad PRABU B CHANNUR,
Date: 2023.04.12 AGE: 38 YEARS, OCC: PDO,
11:22:20 +0530
GRAM PANCHAYAT, KAROSHI VILLAGE,
AT /POST: KAROSHI, TAL: CHIKODI.
...PETITIONERS
(BY SRI. RAMESH I. ZIRALI, ADVOCATE)
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WP No. 100960 of 2023
AND:
1. BASAVANT S/O IRAPPA BADIGER,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/AT: KAROSHI VILLAGE, TAL: CHIKODI,
DIST: BELAGAVI.
REPRESENTED BY HIS GPA HOLDER,
SHRI BALARAM S/O TUKARAM BADIGER,
AGE: 80 YEARS, OCC: AGRICULTURE,
R/O: KAROSHI VILLAGE, TAL: CHIKODI,
DIST: BELAGAVI.
2. THE DEVELOPMENT AND EXECUTIVE OFFICER,
TALUKA PANCHAYAT, CHIKODI,
AT/POST: CHIKODI, TAL: CHIKODI,
DIST: BELAGAVI.
... RESPONDENTS
(BY SRI. RAJASHEKAR BURJI, ADVOCATE FOR R1;
R2-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED
ORDER DATED 7.2.2023 PASSED ON IA NO. I IN EP NO.
24/2019 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND
JMFC CHIKODI VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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WP No. 100960 of 2023
ORDER
1. The 1st respondent has obtained the judgment and decree against the petitioners in R.A. No.45/2004 on the file of the Civil Judge (Sr.Dn.), Chikkodi in respect of the following property:
"The agricultural landed property situated at Karoshi village in Chikkodi Taluka bearing R.S. No.1/2 total measuring 0 acre 15 guntas, assesses at Rs.00=61 ps., out of it 00 acre 10 guntas (00-00-00-00) of land, which is bounded as under, To East : Govt. Building (Primary Health Center), To West : Chikodi=Hukkeri Road, To North : Road, To South : Property belongs to Azad Khattar Mulla."
to the effect that the petitioners herein or any one acting on their behalf are restrained by way of perpetual injunction from putting up construction by causing obstruction to the peaceful possession of the enjoyment of the property by respondent No.1 herein.
2. Respondent No.1 on the ground that, in spite of the said decree attaining finality, the petitioners are interfering with the peaceful possession and trying to put up illegal construction on the property concerned filed E.P -4- WP No. 100960 of 2023 No.24/2019 on the file of the Prl. Civil Judge and JMFC, Chikkodi and an application under Order 21 Rule 32(1) read with Section 151 of CPC was filed, wherein respondent No.1 has prayed for issuance of warrant of arrest against the petitioners and put them in civil prison. As none appeared for the petitioners before the trial Court on the relevant date, the trial Court has allowed the petition and has passed an order for arresting the judgment debtors therein and put them in civil prison. Aggrieved by the same, the instant writ petition is filed.
3. The case of the petitioners is that, they are not violating the decree and that the impugned order was passed without giving them an opportunity of hearing.
4. Learned counsel for respondent No.1 submits that if the petitioners were to abide by the decree and do not interfere with the peaceful possession of the property concerned, then he has no objection for setting aside the impugned order. The petitioners are agreeable for the same. Hence, the following:
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ORDER
(i) The impugned order dated 07.02.2023, passed in E.P. No.24/2019 by the Prl. Civil Judge & JMFC, Chikkodi is hereby set aside.
(ii) The petitioners shall abide by the decree passed in R.A. No.45/2004 by the Civil Judge (Sr.Dn.), Chikkodi. If the petitioners act in contravention of the judgment and decree passed in R.A. No.45/2004, respondent No.1 shall be at liberty to initiate appropriate action against them in the manner known to law.
Sd/-
JUDGE Vnp* / CT: BK List No.: 1 Sl No.: 43