Karnataka High Court
Sri Anand C @ Ankugowda vs Smt Meenakshi on 25 November, 2021
Author: B. M. Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 9244/2019
C/W
WRIT PETITION NO. 52152/2019 (GM-CPC)
IN WP NO. 9244/2019
BETWEEN :
SRI ANAND C @ ANKUGOWDA
S/O SRI CHAKLUR CHANNAPPA
AGED ABOUT 75 YEARS
R/AT NO 2250/16, 3RD MAIN,
WARD NO 34, RPC LAYOUT,
HAMPINAGARA,
BENGALURU - 560 040.
... PETITIONER
(BY SRI. R B SADASIVAPPA., ADVOCATE)
AND :
1. SMT MEENAKSHI
W/O SRI M PARTHASARATHI
AGED ABOUT 46 YEARS
R/AT NO 18, 4TH CROSS,
12TH MAIN,
K K HEBBAR ROAD,
HANUMANTHANAGAR
BENGALURU - 560 019.
2. SMT VIJAYALASHMI
W/O SRI CHETHAN
2
AGED ABOUT 42 YEARS
R/AT NO 2110, 8TH CROSS,
BEHIND MEENAKSHI HANDICRAFT
EMPORIUM, KUVEMPUNAGARA
CHANNAPATNA.
3. SMT CHANDRAMMA
W/O SRI ANAND C @ ANKUGOWDA
AGED ABOUT 67 YEARS
R/AT NO 2250/16, 3RD MAIN,
WARD NO 34, RPC LAYOUT,
HAMPINAGARA
BENGALURU - 560 040.
4. SMT SAVITHRAMMA
D/O LATE SRI KEMPEGOWDA
AGED ABOUT 60 YEARS,
5. SRI SANJAYGOWDA
S/O SRI ANAND C @ ANKUGOWDA
AGED ABOUT 43 YEARS,
4 & 5 ARE R/AT NO 58/1,
LALITH APARTMENT,
ABK ROAD,
THAGARAJANAGAR
BENGALURU - 560 028.
6. SMT LATHA
D/O SRI ANAND C @ ANKUGOWDA
AGED ABOUT 40 YEARS
R/AT NO 1534, 2ND FLOOR,
R/AT NO 6TH C MAIN
RPC LAYOUT, VIJAYANAGAR
BENGALURU - 560 040.
7. SMT VARALAKSHMI
D/O SRI VISHAKANTAIAH
AGED ABOUT 46 YEARS,
3
8. SRI CHIRANTHANA
D/O SRI ANAND C ANKUGOWDA
AGED ABOUT 10 YEARS
SINCE MINOR REPRESENTED
BY HER MOTHER NATURAL GUARDIAN
7 & 8 ARE R/AT NO 253, 2ND FLOOR,
5TH B MAIN ROAD, REMCO LAYOUT,
HAMPINAGARA, RPC LAYOUT
BENGALURU - 560 040.
... RESPONDENTS
(BY SRI.B.V. BADRINATH., ADVOCATE FOR C/R1 AND R2;
NOTICE TO R3 TO R8 ARE DISPENSED WITH
VIDE ORDER DATED 23.08.2021)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 15.12.2018 PASED
BY THE 3RD ADDITIONAL DISTRICT AND SESSIONS
JUDGE, RAMANAGARA IN M.A.11/2018 VIDE ANNEXURE-
K.
IN WP NO. 52152/2019
BETWEEN :
SRI ANAND C @ ANKUGOWDA
S/O SRI CHAKLUR CHANNAPPA
AGED ABOUT 74 YEARS
R/AT NO 2250/16, 3RD MAIN,
WARD NO 34, RPC LAYOUT,
HAMPINAGARA,
BENGALURU - 560 040.
... PETITIONER
(BY SRI. R B SADASIVAPPA., ADVOCATE)
4
AND :
1. SMT MEENAKSHI
W/O SRI M PARTHASARATHI
AGED ABOUT 45 YEARS
R/AT NO 18, 4TH CROSS,
12TH MAIN,
K K HEBBAR ROAD,
HANUMANTHANAGAR
BENGALURU - 560 019.
2. SMT VIJAYALASHMI
W/O SRI CHETHAN
AGED ABOUT 42 YEARS
R/AT NO 2110, 8TH CROSS,
BEHIND MEENAKSHI HANDICRAFT
EMPORIUM, KUVEMPUNAGARA
CHANNAPATNA.
3. SMT CHANDRAMMA
W/O SRI ANAND C @ ANKUGOWDA
AGED ABOUT 67 YEARS
R/AT NO 2250/16, 3RD MAIN,
WARD NO 34, RPC LAYOUT,
HAMPINAGARA
BENGALURU - 560 040.
4. SMT SAVITHRAMMA
D/O LATE SRI KEMPEGOWDA
AGED ABOUT 59 YEARS,
5. SRI SANJAYGOWDA
S/O SRI ANAND C @ ANKUGOWDA
AGED ABOUT 42 YEARS,
4 & 5 ARE R/AT NO 58/1,
LALITH APARTMENT,
ABK ROAD,
THAGARAJANAGAR
BENGALURU - 560 028.
5
6. SMT LATHA
D/O SRI ANAND C @ ANKUGOWDA
AGED ABOUT 39 YEARS
R/AT NO 1534, 2ND FLOOR,
R/AT NO 6TH C MAIN
RPC LAYOUT, VIJAYANAGAR
BENGALURU - 560 040.
7. SMT VARALAKSHMI
D/O SRI VISHAKANTAIAH
AGED ABOUT 45 YEARS,
8. SRI CHIRANTHANA
D/O SRI ANAND C ANKUGOWDA
AGED ABOUT 09 YEARS
SINCE MINOR REPRESENTED
BY HER MOTHER NATURAL GUARDIAN
7 & 8 ARE R/AT NO 253, 2ND FLOOR,
5TH B MAIN ROAD, REMCO LAYOUT,
HAMPINAGARA, RPC LAYOUT
BENGALURU - 560 040.
... RESPONDENTS
(BY SRI.B.V. BADRINATH., ADVOCATE FOR R1 AND R2;
SRI. S. KRISHNA KISHORE., ADVOCATE FOR R3
R4 TO R8 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 26.09.2019 ON IA NO.3 IN
OS NO. 91/2017 PENDING ON THE FILE OF THE SENIOR
CIVIL JUDGE, CHANNAPATNA VIDE ANNEXURE-F.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:
6
ORDER
The petitioner is the first defendant in O.S.No.91/2017 on the file of the Senior Civil Judge and JMFC, Channapatna (for short, 'the civil Court'). The writ petition in WP No.52152/2019 is as against the civil Court's order dated 26.9.2019 keeping in abeyance the petitioner's application (IA.3) under order VII Rule 11 CPC because of the pendency of the other writ petition. The writ petition in W.P. No.9244/2019 is as against the appellate Court's order dated 15.12.2018 in M.A.11/2018 on the file of III Additional District and Sessions Judge, Ramanagara.
Sri R.B.Sadashivappa, the learned counsel for the petitioner, while pointing out that the suit by the first and the second respondents is a suit for partition and some of the suit properties have been alienated even before the date of institution of the suit, submits that the petitioner has not alienated the remaining suit 7 schedule properties from the date of institution of the suit and to facilitate early disposal of the suit, the petitioner is also willing to place on record an undertaking that he will not alienate any property until disposal of the suit. Sri R.B.Sadashivappa requests for a direction to the civil Court to dispose of either the petitioner's application IA.3 or the suit itself expeditiously. Sri Badrinath B.V, the learned Counsel for the contesting respondents, submits that while this Court could call upon the civil Court to dispose of the petitioner's application under Order VII Rule 11 of CPC, interests of justice would be better served if the suit itself is disposed of in a time bound manner.
This Court must observe that the petitioner must take a stand as regards the disposal of the application under Order VII Rule 11 of CPC before the civil Court and therefore orders will have to be passed in W.P. No. 52152/2019 accordingly, and insofar as the 8 writ petition in W.P.No.9244/2019 the same could be disposed of in the light of this submission by Sri R.B.Sadashivappa that the petitioner will undertake not to alienate any part of the suit schedule properties until the disposal of the suit. Hence, the following ORDER The writ petition in W.P.No.9244/2019 is disposed of taking on record the submission that the petitioner will not alienate any part of the suit schedule properties until the disposal of the suit.
The writ petition in W.P.No.52152/2019 is disposed of observing that it shall be open to the petitioner to place on record before the civil Court whether he would insist for orders on his application [IA.3] or for final disposal of the suit. If the petitioner places on record that he would not insist for orders on the said application, the civil Court is requested to take every such measure as would be necessary for the 9 expeditious disposal of the suit within a period of nine [9] months from the date of receipt of a certified copy of this order and the parties shall assist the civil Court in such expeditious disposal.
Sd/-
JUDGE nv