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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2020 BEFORE
THE HON’BLE MR.JUSTICE S.G. PANDIT WRIT PETITION NO.106411/2018 & WRIT PETITION NO.106650/2018 (GM-CPC)
BETWEEN:
SHANKAR S/O SHIVAPPA BELAGAVI AGE.50 YEARS, OCC. BUSINESS R/O SHIVANGA BEHIND PATIL PUTTAPP HOUSE VISHVESHWAR NAGAR HUBBALLI
…PETITIONER (BY SRI.V.M.SHEELVANT, ADVOCATE SRI.S.H.MITTALKOD, ADVOCATE)
AND:
SUMAN W/O LATE UMESH TAMBAD AGE.53 YEARS, OCC. HOUSEHOLD R/O NEAR OLD INCOME TAX OFFICE HUBBALLI
SHIVAPPA @ AJJAPPA S/O GURUAPPA BELAGAVI (RESPONDENT NO.1 HAS DIED ON 31/1/2018 HIS LRS ARE ALREADY ON RECORD AS PETITIOENR, RESPONDENT NO.1 AND 3)
SMT. MADHU W/O MARIYAPAKANEKAL AGE.55 YEARS, OCC. HOUSEHOLD
2 R/O KANEKAL, DIST. ANANTPUR ANDRA PRADESH
SANGAPPA S/O CHANNABASAPPA BELAGAVI AGE.62 YEARS, OCC.BUSINESS R/O SHIRUR PARK, VIDYANAGAR ANDRA PRADESH
SMT. VISHALAKSHI W/O SANGAPPA BELAGAVI AGE.53 YEARS, OCC.HOUSEHOLD R/O SHIRUR PARK, VIDYANAGAR HUBBALLI
SHRISHAIL S/O SANGAPPA BELAGAVI AGE.33 YEARS, OCC.BUSINESS R/O SHIRUR PARK, VIDYANAGAR HUBBALLI
CHANDRAKANT S/O MAHANTAPPA BELAGAVI AGE.MAJOR, OCC.BUSINESS R/O TRAFFIC ISLAND, HUBBALLI
PRAKASH S/O GURUBASAPPA BELAGAVI AGE.68 YEARS, OCC. BUSINESS R/O MAHAVEER COLONY BENGERI, HUBBALLI
UMESH S/O GURUBASAPPA BELAGAVI AGE.66 YEARS, OCC. BUSINESS R/O MAHAVEER COLONY BENGERI, HUBBALLI
GOPAL S/O GURUBASAPPA BELAGAVI AGE.62 YEARS, OCC. HOSUEHOLD R/O MAHAVEER COLONY BENGERI, HUBBALLI
SMT. BHANU W/O ASHOK KUBASADGOUDA AGE.68 YEARS, OCC. HOSUEHOLD R/O MAHAVEER COLONY BENGERI, HUBBALLI
SMT. NARMADA W/O MAHANTESH MAHANTASHETTY
3 AGE.63 YEARS, OCC. HOSUEHOLD R/O AYODHYA ANGAR, BELAGAVI
SMT. MAHADEVI W/O MAHANTESHMAHANTNTASHETTY AGE.61 YEARS, OCC. HOSUEHOLD R/O BAILHONGAL, BELAGAVI
SMT.JYOTI W/O SUNIL PATIL AGE.53 YEARS, OCC. HOSUEHOLD R/O VIDYANAGAR BAILHONGAL, BELAGAVI
SMT. SAVITA W/O YALLAPPA HABIB AGE.48 YEARS, OCC. HOSUEHOLD R/O AZAD ROAD, BAKAALE GALLI HUBBALLI
SIDDARAMAPPA S/O GURAPPA BELAGAVI AGE.85 YEARS, OCC. BUSINESS R/O SHIRUR PARK VIDYANAGAR, HUBBALLI
SMT. GIRIJA W/O SIDDARAMAPPA BELAGAVI AGE.77 YEARS, OCC. HOUSEHOLD R/O SHIRUR PARK VIDYANAGAR, HUBBALLI
RAMESH S/O SIDDARAMAPPA BELAGAVI AGE.54 YEARS, OCC. BUSINESS R/O SHIRUR PARK VIDYANAGAR, HUBBALLI
VIJAYANANDROADLINES LTD., A COMPANY REGISTERED UNDER INDIAN COMPANIES ACT, ITS REGD., OFFICE NH-4 P.B. ROAD, CHABBI VILLAGE, BY ITS CHAIRMAN AND MANAGING DIRECTOR VIJAY S/O BASAVANTAPPA SANKESHWAR AGE.67 YEARS, OCC.BUSINESS R/O NAVEEN PARTK KUSUGAL ROAD, HUBBALLI
TIRUMALA BUILDERS AND DEVELOPERS A PARTERSHIP FIRM
4 HAVINGS ITS REGD. OFFICVE, TIRUMALA TRADE CENTRE NILIGIN ROAD, HUBBALLI REPRESENTED BY ITS PARNTERS NARAYAN S/O GOPALKRISHNA ACHARYA AGE.MAJOR, OCC.BUSINESS TIRUMALA TRADE CENMTRE NILIGIN ROAD, HUBBALLI
RUDROSA @ KRISHNA S/O SHANKARSABADDI AGE.MAJOR, OCC.BUSINESS TIRUMALA TRADE CENTRE NILIGIN ROAD, HUBBALLI
MARUTI S/O MAHADEVAPPA SHIDNE AGE.MAJOR, OCC.BUSINESS TIRUMALA TRADE CENTRE NILIGIN ROAD, HUBBALLI
PRAKASH S/O RAMACHANDRA JADHAV AGE.MAJOR, OCC.BUSINESS TIRUMALA TRADE CENTRE NILIGIN ROAD, HUBBALLI
SATYANARAYAN S/O PREMANATHSA RAYABAGI AGE.MAJOR, OCC.BUSINESS TIRUMALA TRADE CENTRE NILIGIN ROAD, HUBBALLI
GOPAL S/O KRISHNASA KATIGAR AGE.MAJOR, OCC.BUSINESS TIRUMALA TRADE CENTRE NILIGIN ROAD, HUBBALLI
NARAYAN S/O LAXMANSA NITTURI AGE.MAJOR , OCC.BUSINESS TIRUMALA TRADE CENTRE NILIGIN ROAD, HUBBALLI
RENUKA SWEET MART REPRESENTED BY KRISHNASA KABADE AGE.MAJOR, OCC.BUSINESS OPP. OLD BUS-STAND
5 TRAFFIC ISLAND, HUBBALLI
MANJUNATH WINES REPRESENTED BY CHAMPASA HABIB AGE.MAJOR, OCC.BUSINESS OPP. OLD BUS-STAND TRAFFIC ISLAND, HUBBALLI
MAYUR TEXTILES REPRESENTED BY A. HAYAT BASHA AGE.MAJOR, OCC. BUSINESS "BELAGAVI BUILDING" BLEAGAVI GALLI, HUBBALLI
NATARAJ BOOK STALL REPRESENTED BY K.R. BHAVIMATH AGE.MAJOR, OCC.BUSINESS R/O" BELAGAVI BUILDING" BELAGAVI GALLI, HUBBALLI
RAMESH ELECTRICALS PREPRESENTED BY S.S. BANDGE AGE.MAJOR, OCC.BUSINESS "BELAGAVI BUILDING" BELAGAVI GALLI, HUBBALLI
INDUS TOWERS LTD., BY SUBBU IYER, CEO KARNATAKA CIRCLE 12, TOWERING, D. SUBRAMANYA ARCHADE 7TH FLOOR, BENEERAGATTI ROAD BENGALURU-29
INDUS TOWERS LTD., S. VIJAYKUMAR, AGE.MAJOR OCC.BUSINESS, ABOVE ICICI BANK BANI GIDA STOP, GOKUL ROAD HUBBALLI
SANGAYYA S/O KOODLAYYA GANACAHRI AGE.MAJOR, OCC.BUSINESS BASAVESHWARKHANAVALI OPP OLD BUS-STAND
6 TRAFFIC ISLAND, HUBBALLI
PRABHU S/O KOODLAYYA GANACAHRI AGE.MAJOR, OCC.BUSINESS BASAVESHWAR KHANAVALI OPP OLD BUS-STAND TRAFFIC ISLAND, HUBBALLI
MRUTYUNJAY S/O KOODLAYYA GANACAHRI AGE.MAJOR, OCC. BUSINESS BASAVESHWAR KHANAVALI OPP OLD BUS-STAND TRAFFIC ISLAND, HUBBALLI
SANTOSH S/O GURUTRAYYA SALIMATH AGE.MAJOR, OCC.BUSINESS BASAVESHWAR KHANAVALI OPP OLD BUS-STAND TRAFFIC ISLAND, HUBBALLI
…RESPONDENTS (BY SRI.MAHESH WODEYAR, ADVOCATE AND SRI.NAVEEN CHATRAD, ADVOCATE FOR R1, SRI.DINESH M KULKARNI, ADV. FOR R19-R25, SRI.S.S.BAWAKHAN, ADVOCATE FOR R28 & R29, R2-R18, 26, 27, R30-R36-NOTICE DISPENSED WITH)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:28.04.2018 ON I.A.NO.7 AND ORDER DATED:25.08.2018 ON I.A.NO.12 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI IN O.S.NO.238/2016 PRODUCED AT ANNEXURES-D & G RESPECTIVELY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
7 ORDER The petitioner/defendant No.2 in O.S.No.238/2016 on the file of the III Addl. Senior Civil Judge and JMFC, Hubballi is before this Court aggrieved by the order dated 25.08.2018 on I.A.No.12 by which application filed under Section 151 of CPC seeking recall of the order dated 28.04.2018 passed on I.A.No.7 is rejected. 2. Heard the learned counsel for the petitioner and the learned counsel for respondent No.1. 3. The respondent No.1/plaintiff had filed I.A.No.7 under Section 151 of CPC seeking direction to defendants No.27, 29, 30, 31, 32 and 33 to deposit the monthly rent before the Court below. The same was opposed by defendant No.2 contending that the plaintiff has
8 only 1/4th share and as such he cannot seek for depositing of the entire rent amount. The trial Court on consideration of the contentions raised on behalf of both the sides, allowed I.A.No.7 and directed the defendants No.27, 29, 30, 31, 32 and 33 to deposit the future rents before the Court. Defendant No.2 thereafter filed I.A.No.12 under Section 151 of CPC to recall the order of deposit of rent directed to the defendants No. 27, 29, 30, 31, 32 and 33 for the reasons stated in the affidavit accompanying the application. The trial Court under the impugned order rejected the same on the ground that it has no power to recall its own order and the said order passed on I.A.No.7 is not challenged by the petitioner by filing a writ petition before the High Court. 4. I find no error in the impugned order so as to interfere with the same under Article
9 227 of the Constitution of India. The suit is one for partition among the family members. The Court has ordered to deposit the rent before the Court, but at the same time, it is open for the parties to file an application for release of the deposited rent to the extent of their share, if it is permissible under law. 5. If such an application is filed by the parties to the proceedings, the trial Court to consider the same in accordance with law and pass appropriate orders. 6. Accordingly, the writ petitions are disposed of.
Sd/- JUDGE