High Court Karnataka High Court

Siddanagouda Desaigoudra vs Channappagouda Ramanagouda … on 16 April, 2009

Karnataka High Court
Siddanagouda Desaigoudra vs Channappagouda Ramanagouda … on 16 April, 2009
Author: Ajit J Gunjal
wp 15355.0'?

{N THE HIGH COURT 0? KARNATAKA  f  A' 

CIRCUIT BENCH AT DHARWAD ._  '  _
DATED THES THE 16'"! DA? »6F_:A'?gt;,    "  
BEFORE       
THE HONBLE    
WRIT PETITIQ15: No.'V1-S8-E35,?2'€)0f7{G§\£4CPCl.v 3

BETWEEN:

 

SIDDANAGOUDA'DEsA{c;0U-ma;  _ «V ;
S/O MARIGGEEBADESAIGQLIDAR,   3
AGED 25YEAI~.2S,5j"  ., 2    
RESEDENTOF'I3HA'€:§fi_I.AF1}R'V"--_  
TALUK RON--,.VD§S':!§ GAE)AG*I_' H  E
REPRE$ENTED BY1::}!IS"GFA HOLDER
SR! '2'; CYFANAGDUDA SAKKARAGOUDA
DESAIE,-'«OUDA.R,' 42 ,YEARS,  1. ' -
RESID EN'I"OF BHASALAEIJR 
TALUK R0:§I,*D1sT. GA1:+AG...

  '    ...PE'I'I'I'IONER
(53% 312:, x.M.i-:AfrARAa. ADV.)

' "§iHANVI§l@;PRAL"i.OUDA RAMANAGOUBA

  'tmsmnnam SERVED.)

DESAICEOUQRA, MAJOR',
RESEB'-EN'? "OF BHASALAPUR,

TALUKAEON, DESTRICT GADAG.
" = ...RESi"0NDEN'i'

THIS PE'I'I'I'I{)N {S FILES UNDER ARTICLES 226 ARI) €227

€313' THE CONS'I'ITU'!'¥ON OF INDEX PRAYING TO QUASH THE
" IMPUGNED ORDER AT ANX-A ET. 27.8.2007 PASSED BY THE

LEARNED CIVIL JUDGE{JR.DN) AT RON ON I.A.NO.4/06 IN
O.S.NO.171/2001 AND CONSEQUENTLY, REJECT THE
AI3'PLIA'I'ION I.A.NO.4/2006 FILED BY THE RESPONDENT AND

ETC.

wp 15355.07

THIS PETITION COMING on FOR ?ReLIM1NARy_”r:§5Aeié2ix§e,
THIS eavxme comm’ MADE THE FOLLOWING: * .

Even though the mater

hearing, with consent, it is uf) fat fiziel

2. One filed’ a_’Vsuit against

the petitioner who declaration and

ixljuxletionwlledtfle property and also
to hdefendant petitioner is not

the adepied Petitioner~defendaI1t enters

V’ __ files’*w’ritten statement denying the plain’:

the pendency of the suit, the said

The respondent herein cla.iming to be a

A1egati:,’e,__lu.nder the will said to have been executed by the

Yankawwa, makes ax} application under Order

Rule 10 of the Code of Civil Procedure. The said

application was seriously opposed. Nevertheless, the

learned trial Judge has allowed the application %

//Z-¢

wp 15355.97

permitting the respondent to come on
this petition questioning the morjder 2;’1 1e* K

learned trial Judge on the appl::’tc;aE’geI1i1.e_:« .

3. Apparently, the nee
justified in ._ The
respondent claims will. Order
xxn Rule émcedure would
before disposal
of to come on record.

orderxjm keuggcode of Civil Procedure reads
as§1r1d§3r:4″4.’ vv .

‘~ in case of assignment before

“f3_§:7af3 ::’e::.der.:v:’_§n suit. — (1) in other cases of an

‘asS’iég11i1eiit,5 creation or devolution of any interest

pendency of the suit, the suit may, by leave

of be continued by or against the person to or

Whom such interest has come or devotved.

(2) the attachment of a. decree pending an
appeal therefrom shall be deemed to be an interest

wp 15355.07

: 4 :

entitling the person who procured such attachment to
the benefit of sub-rule(1).” “f “f t

4. Indeed the application -.
circumstance ought to have filedu V’
provision. The application for
Rule 10 of the Code of wee: bye
the petitioner. ‘-as ‘under Order

XXII Rule 10 of the Code_”of the learned

trial held an enquiry as
contemplated eiieer xxx: Rule 5 of the Code of

exercise has not been done. The

iefgteteetlt the will would represent only the estate of

in the enquiry to be held under Order

:”5 of the CPC, the question of he being

_ .. , .o as succeeding to the properties of the deceased

the said will, will not arise for which he is

to file a separate suit. The grant of the

/

wp 15355.0?’

application is only to a limited extent to

estate of deceased and to contimjethe é

5. Having regard to faet t§eA”é;pp1ic3ation’ V L’

filed by the respondent miseoflceiveri, I am of

the View that the ; –._i_s liable to be

interfered. eoesequemiy, {me eerder is passed:

Petition:::””isfiV’ V. impugled order at

“A5535 trial Judge shall
traat “finder Order XXII Rule 10 of
the Code ” and proceed to dispose of

rd to the observations made by

order would be given effect to only if

: the’–si1itv__;’e pending.

~ I ‘–.R’uie is issued and made absolutze

Sd/-‘2’ %
Judge

kmv