Muttappa S/O Satyappa Soraganvi vs Smt.Chandrawwa W/O Satyeppa Karigar on 19 June, 2019

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Karnataka High Court

Muttappa S/O Satyappa Soraganvi vs Smt.Chandrawwa W/O Satyeppa Karigar on 19 June, 2019

Bench: S.G. Pandit

        IN THE HIGH COURT OF KARNATAKA,
                 DHARWAD BENCH

      DATED THIS THE 19 T H DAY OF JUNE, 2019

                      BEFORE

       THE HON'BLE MR.JUSTICE S.G. PANDIT

      WRIT PETI TION NO.109290/2019 (GM-CPC)

BETWEEN:

MUTTAPPA S/O SATYAPPA SORAGANVI,
AGED ABOUT 63 Y EARS,
OCC: AGRICULTURE,
R/O: GOLABHAVI,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
                                     ... PETITIONER

(BY SRI. S.C.BHU TI, ADVOCATE)

AND

SMT.CHANDRAWWA W/O SA TYEPPA KARIGAR
BY HER LR's ,

1.    SMT.KAMALAWWA,
      W/O ITTAPPA KARIGAR,
      AGED ABOUT 59 Y EARS,
      OCC: AGRICULTURE.

2.    SATTEPPA S/O ITTAPPA KARIGAR
      AGED ABOUT 30 Y EARS,
      OCC: AGRICULTURE,

      BOTH RESPONDENT NOS.1 & 2 ARE R/O
      GOLABHAVI, TQ : JAMKHANDI,
      DIST: BAGALKOT.
                         2


3.   SMT.BHAGAWWA
     W/O SHANKAR VA DARATTI
     AGED ABOUT 38 Y EARS,
     OCC: AGRICULTURE,
     R/O: KALA TIPPI,
     TQ: JAMKHANDI,
     DIST: BAGALKOT.

4.   SMT.MAYAWWA
     W/O GANAPATI VA DARATTI
     AGED ABOUT 36 Y EARS,
     OCC: AGRICULTURE,
     R/O: KALA TIPPI,
     TQ: JAMKHANDI,
     DIST: BAGALKOT.

5.   SMT.RUKMAWWA
     W/O SADASHIV VADARATTI
     AGED ABOUT 33 Y EARS,
     OCC: AGRICULTURE,
     R/O: SAVASUDDI,
     NOW A T GOLABHAVI,
     DIST: BAGALKOT.

6.   SMT.SANVEWWA
     W/O GAJAPPA HAVADI
     AGED ABOUT 31 Y EARS,
     OCC: AGRICULTURE,
     R/O: MANTU R,
     NOW A T GOLABHAVI,
     DIST: BAGALKOT.

7.   SMT.MAHADEVI
     W/O SURAPPA MA THAD
     AGED ABOUT 30 Y EARS,
     OCC: AGRICULTURE,
     R/O: BELAGALI,
     NOW A T GOLABHAVI.
     TQ: JAMAKHANDI,
     DIST: BAGALKOT.

8.   SADASHIV S/O BASAPPA KARIGAR
     AGED ABOUT 49 Y EARS,
     OCC: AGRICULTURE.
                            3


      R/O GOLABHAVI,
      TQ: JAMAKHANDI,
      DIST: BAGALKOT.

9.    SHRISHAIL,
      S/O BASAPPA KARIGAR
      AGED ABOUT 43 Y EARS,
      OCC: AGRICULTURE.
      TQ: JAMAKHANDI,
      DIST: BAGALKOT.

10.   LAXMAN,
      S/O KENCHAPPA THATRI
      AGED ABOUT 61 Y EARS,
      OCC: AGRICULTURE.
      R/O GOLABHAVI,
      TQ: JAMAKHANDI,
      DIST: BAGALKOT.

11.   PARAPPA S/O BHIMAPPA KOLAVI
      AGED ABOUT 61 Y EARS,
      OCC: AGRICULTURE,
      R/O GOLABHAVI,
      TQ: JAMAKHANDI,
      DIST: BAGALKOT.
                                     ... RESPONDENTS

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER PASSED IN O.S.NO.38/2018 ON THE FILE OF

THE COURT OF SENIOR CIVIL JUDGE AND JMFC, BANAHATTI

DATED 18.03.2019 VDE ANNEXURE-"E".


      THIS WRIT PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FO LLOWING :
                                 4


                            ORDER

The petitioner is before this Court challenging the order dated 18.03.2019 on the file of Senior Civil Judge and J.M.F.C., Banahatti. Under Order dated 18.03.2019, the Trial Court has permitted defendant Nos.2 and 3 to file objection and posted the I.A.No.2 for hearing. Aggrieved by the same, the petitioner is before this Court.

2. Learned counsel for the petitioner would submit that I.A.No.2 is filed for appointment of Assistant Director of Land Records (ADLR) as Commissioner. The said I.A. was allowed on 25.07.2018 and ADLR was appointed as Commissioner. The order dated 25.07.2018 reads as follows:

"S.S.S. Counsel filed Power for Deft.No.2 & 3 and prays time to file W.S. permitted W.S. of deft.No.2 & 3 5 R.L.G. counsel filed Power for deft. No.1 and also filed W.S. Perused. W.S. filed today taken on record. Deft. No.4 appearance prays time permitted further deft.No.1 counsel also filed application U/or.26 Rule 9 & 10(A) submit appointed A.D.L.R. court Commissioner to inspect the suit property. Perused. Plaintiff counsel submit No Obj.to allowed the appeal. Hence, IA No.2 filed by the deft. Counsel allowed. ADLR Jamkhandi appointed as court commissioner to submit report commission fee fixed Rs.1000/- Issue commission Warrant to ADLR Jamkhandi if commission fee deposited and P.F. paid C/R r/by and appearance of Deft.No.4 R/by 30.07.2018."

3. Therefore, it is his contention that the Trial Court could not have permitted defendant Nos.2 and 3 to file objection and could not have posted I.A.No.2 for hearing.

4. I have perused the writ petition papers particularly order dated 25.07.2018 and impugned order dated 18.03.2019. Order dated 25.07.2018 would show that I.A.No.2 was allowed and ADLR, Jamkhandi was appointed as Court Commissioner. Again it appears that the Trial Court permitted defendant Nos.2 and 3 to file objection to I.A.No.2 and posted for hearing. It appears that allowing of I.A.No.2 and order passed by the Trial Court on 25.07.2018 is apparently not brought to the notice of the Court. In that circumstances, the Trial Court has permitted defendant Nos.2 and 3 to file objection and posted I.A. for hearing. It is for the petitioner-plaintiff to bring it to the notice of the Court that the order passed on 25.07.2018 and to bring it to the notice of the Court that the I.A. has already disposed off and it is not on record as on 18.03.2019. I am sure that if the 7 order on I.A.No.2 dated 25.07.2018 is brought to the notice of the Court below, the Court below would take into consideration the same and pass appropriate orders.

With the above observations, the writ petition is disposed off.

Sd/-

JUDGE CL K

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