Karnataka High Court
Nemusa S/O Dharmasa Habib vs Durgadevi Trust on 24 November, 2023
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NC: 2023:KHC-D:13788
WP No. 105113 of 2017
C/W WP No. 100485 of 2017, WP No.
100486 of 2017
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT PETITION NO. 105113 OF 2017 (GM-CPC)
C/W
WRIT PETITION NO. 100485 OF 2017
WRIT PETITION NO. 100486 OF 2017
IN W.P. NO.105113/2017
BETWEEN:
NINGAPPA S/O GURUSHIDAPPA GANJYAL
AGE: 61 YEARS,
OCC: AGRICULTURE,
R/O: BYADAGERI ONI,
GHANTIKERI, HUBBALLI,
DIST: DHARWAD.
...PETITIONER
(BY SRI. S.A.SONDUR, ADVOCATE FOR
SRI. K L PATIL ., ADVOCATE)
SHIVAKUMAR
HIREMATH AND:
Digitally signed by
DURGADEVI TRUST,
SHIVAKUMAR
HIREMATH
REP. BY ITS SURVIVING SOLE TRUSTEE
Date: 2023.12.05 SMT.IRAWWA
11:51:19 +0530
W/O SHIVAPPA CHOLAGERI @ PUJAR,
AGE: 62 YEARS, OCC: HOUSEHOLD,
R/O: BYADAGERI ONI, GHANTIKERI,
HUBBALLI, DIST: DHARWAD.
...RESPONDENT
(BY SRI. A A PATHAN., ADVOCATE)
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NC: 2023:KHC-D:13788
WP No. 105113 of 2017
C/W WP No. 100485 of 2017, WP No.
100486 of 2017
THIS WRIT PETITION IS FILLED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ORDER OR DIRECTION TO QUASH ORDER
DATED: 08.12.2016 PASSED IA NO.1 UNDER SEC.92 CPC IN
O.S.NO.14/2016 ON THE FILE OF PRINCIPAL DISTRICT JUDGE,
DHARWAD VIDE ANNEXURE-E and ETC.
IN W.P NO.100485/2017
BETWEEN:
NEMUSA S/O DHARMASA HABIB,
AGE 55 YEARS, OCC: BUSINESS
R/O H.NO.38, T.R.HUGALNATA BUILDING
VIDYAVAN, VIDYANAGAR,
HUBBALLI, DIST: DHARWAD
...PETITIONER
(BY. Sri. S.A.SONDUR, ADVOCATE
SRI. K L PATIL .,ADVOCATE)
AND:
1. DURGADEVI TRUST,
REP. BY ITS SURVIVING SOLE TRUSTEE
SMT.IRAWWA
W/O SHIVAPPA CHOLAGERI @ PUJAR
AGE: 62 YRS, OCC: HOUSEHOLD,
R/O. BYADAGERI ONI
GHANTIKERI, HUBBALLI,
DIST: DHARWAD
2. SRINIVAS
S/O TULJANASA PATHAN
AGE: 42 YEARS, OCC: SERVICE
R/O BYADAGERI ONI,
GHANTIKERI, HUBBALLI,
DIST: DAHRWAD
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NC: 2023:KHC-D:13788
WP No. 105113 of 2017
C/W WP No. 100485 of 2017, WP No.
100486 of 2017
3. AMBASA
S/O TULJANASA PATHAN
AGE: 40 YEARS, OCC: SERVICE
R/O BYADAGERI ONI,
GHANTIKERI, HUBBALLI,
DIST: DAHRWAD
4. RAGHAVENDRA
S/O TULJANASA PATHAN
AGE: 42 YEARS,
OCC: SERVICE, R/O BYADAGERI ONI,
GHANTIKERI, HUBBALLI,
DIST: DAHRWAD
...RESPONDENTS
(BY SRI. A A PATHAN FOR R1., ADVOCATE;
NOTICE TO R2 TO R4 IS SERVED)
THIS WRIT PETITION IS FILLED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ORDER OR DIRECTION TO QUASH ORDER
DATED:21.11.2016 PASSED ON IA.NO.1 UNDER SEC.92 CPC IN
O.S.NO.13/2016 ON THE FILE OF PRINCIPAL DISTRICT AND
SESSIONS JUDGE, DHARWAD VIDE ANNEXURE-E AND ETC.
IN WP NO.100486/2017
BETWEEN:
1. KASHINATHSA
S/O LAKSHAMANSA PATTAN,
SINCE DECEASED BY HIS LRS
1-A LAXMIBAI W/O. GANGADHAR BHUTE,
AGE: 62 YEARS, OCC: HOUSE WIFE,
R/O. 2ND CROSS, JANGALIPETH, BASAVESHWAR CIRCLE,
OLD HUBBALI, DIST: DHARWAD-580024
1-B MALLIKARJUNA S/O KASHINATHSA PATTAN,
AGE:58 YEARS, OCC:BUSINESS,
R/O. ARAVIND NAGAR ROAD, GANESH NAGAR,
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NC: 2023:KHC-D:13788
WP No. 105113 of 2017
C/W WP No. 100485 of 2017, WP No.
100486 of 2017
HUBBALLI DIST: DHARWAD-580024
1-C SMT. SARASWATI BAI W/O KRISHNASA KATWE
AGE: 53 YEARS, OCC: HOUSE WIFE
R/O. 3RD CORSS KAMARIPETH, HUBBALLI,
DIST: DHARWAD-580024
1-D PANDUSA KASHINATHSA PATAN
AGE: 50 YEARS, OCC: BUSINESS,
R/O. HABIB CHAW DIVATE ONI,
KARIPET, HUBBALLI, DIST: DHARWAD-580028
1-E DHANUSA S/O KASHINATHSA PATTAN
AGE: 49 YEARS, OCC: BUSINESS,
R/O. ARAVIND NAGAR, ROAD, GANESH NAGAR,
HUBBALLI, DIST: DHARWAD-580024
1-F VIVEKANAND S/O KRISHNASA PATTAN
AGE: 47 YEARS, OCC:BUSINESS,
R/O. #1646 GOKUL ROAD, R.M.LOHIYA NAGAR,
HUBBALLI, DIST: DHARWAD-580030
1-G SMT. JAYASHRIBAI W/O. RAJU SHALGAR,
AGE:45 YEARS, OCC: HOUSE WIFE,
R/O.#44, FATESHAHNAGAR, HEGGERI,
OLD HUBBALLI, HUBBALLI, DIST:DHARWAD-580024
1-H SHOBHA W/O. NARAYAN LADWA,
AGE:45 YEARS, OCC: HOUSEHOLD,
R/O. C/O. B.H.VASTRAD, GUDI PLOT, 3RD CROSS,
BASAVESHWAR NAGAR, HEGGERI, OLD HUBBALI
DIST: DHARWAD-580024.
1-J SMT. ANITA W/O. MURALI NIRANJAN
AGE: 38 YEARS, OCC: HOUSE WIFE,
R/O PANJI, ONI, CHANNAPET, OLD HUBBALLI,
HUBBLII, DIST:DHARWAD:580024
...PETITIONERS
(BY SRI. S.A.SONDUR, ADVOCATE FOR
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NC: 2023:KHC-D:13788
WP No. 105113 of 2017
C/W WP No. 100485 of 2017, WP No.
100486 of 2017
SRI. K L PATIL.,ADVOCATE)
AND:
1. DURGADEVI TRUST,
REP. BY ITS SERVIVING SOLE TRUSTEE
SMT.IRAWWA
W/O SHIVAPPA CHOLAGERI @ PUJAR
AGE: 62 YRS,
OCC: HOUSEHOLD,
R/O. BYADAGERI ONI
GHANTIKERI, HUBBALLI,
DIST: DHARWAD
2. VASANT
S/O YELLAPPA MISKIN
AGE: 52 YEARS,
OCC: BUSINESS
R/O MADHAVAPUR, HUBBALLI,
DIST: DHARWAD
3. MALATESH
S/O PARMESHAPPA BHAIRANNAVAR,
AGE: 48 YEARS,
OCC: PVT. SERVICE,
R/O. BYADAGERI ONI
GHANTIKERI, HUBBALLI,
DIST: DHARWAD
...RESPONDENTS
(BY SRI. A A PATHAN, ADVOCATE FOR R1;
NOTICE TO R2 & R3 IS SERVED.)
THIS WRIT PETITION IS FILLED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ORDER OR DIRECTION TO QUASH ORDER
DATED:26.10.2016 PASSED ON IA.NO.1 UNDER SEC.92 CPC IN
O.S.NO.11/2016 ON THE FILE OF PRINCIPAL DISTRICT AND
SESSIONS JUDGE, DHARWAD VIDE ANNEXURE-E AND ETC.
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NC: 2023:KHC-D:13788
WP No. 105113 of 2017
C/W WP No. 100485 of 2017, WP No.
100486 of 2017
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
IN W.P. No.105113/2017
This writ petition is filed by the defendant in O.S.No.14/2016 on the file of Prl. District Judge, Dharwad assailing the order dated 08.12.2016 passed on I.A.No.1 under Section 92 of Code of Civil Procedure, 1908.
Learned counsel for petitioner as well as learned counsel for respondent fairly submit that the District Court has no jurisdiction to entertain the suit and appropriate forum would be civil Court or the small causes Court.
The said submission is placed on record. In view of the said submission, the writ petition is disposed of. The impugned order dated 08.12.2016 on the file of Prl. District Judge, Dharwad, O.S.No.14/2016 is set aside.
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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017 Liberty is reserved to the respondent/plaintiff to avail remedy available under law.
IN W.P.No.100485/2017
This writ petition is filed by the defendant No.1 in O.S.No.13/2016 on the file of Prl. District Judge, Dharwad assailing the order dated 21.11.2016 passed on I.A.No.1 under Section 92 of Code of Civil Procedure, 1908.
Learned counsel for petitioner as well as learned counsel for respondents fairly submit that the District Court has no jurisdiction to entertain the suit and appropriate forum would be civil Court or the small causes Court.
The said submission is placed on record. In view of the said submission, the writ petition is disposed of. The impugned order dated 21.11.2016 on the file of Prl. District Judge, Dharwad, O.S.No.13/2016 is set aside.
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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017 Liberty is reserved to the respondent/plaintiffs to avail remedy available under law. W.P. No.100486/2017
This writ petition is filed by the defendant No.1 in O.S.No.11/2016 on the file of Prl. District Judge, Dharwad assailing the order dated 26.10.2016 passed on I.A.No.1 under Section 92 of Code of Civil Procedure, 1908.
Learned counsel for petitioners as well as learned counsel for respondents fairly submit that the District Court has no jurisdiction to entertain the suit and appropriate forum would be civil Court or the small causes Court.
The said submission is placed on record. In view of the said submission, the writ petition is disposed of. The impugned order dated 26.10.2016 on the file of Prl. District Judge, Dharwad, O.S.No.11/2016 is set aside.
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NC: 2023:KHC-D:13788 WP No. 105113 of 2017 C/W WP No. 100485 of 2017, WP No. 100486 of 2017 Liberty is reserved to the respondent/plaintiffs to avail remedy available under law.
In view of disposal of the above petitions, all pending interlocutory applications in the petitions do not survive for consideration and the same are disposed of.
Sd/-
JUDGE NAA anb List No.: 1 Sl No.: 11