IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.11731 OF 2019 (GM-CPC) C/W WRIT PETITION NO.11730 OF 2019 (GM-CPC), WRIT PETITION NO.11732 OF 2019 (GM-CPC) IN W.P.NO.11731 OF 2019:
BETWEEN SMT. JALAJA, W/O LATE SHANTHAPPA GOWDA, AGED ABOUT 67 YEARS, RESIDING AT MALIGE MAJALU, SUBRAMANYA VILALGE AND POST, SULLIA TALUK D K-574239.
(BY SRI. KRISHNAMOORTHY D, ADVOCATE) AND SREE SREE VIDYAPRASANNA THIRTHA SWAMIJI SAMPUTA PEETADIPATHI JAGADGURU SREE MADWACHARYA MAHASAMSTHANAM SREE SAMPUTA NARASIMHA MUTT, SUBRAMANYA, SULLIA TALUK, D K DISTRICT-574238, REP/BY GPA HOLDER S R PRASANNA S/O S R RAO AGED ABOUT 57 YEARS, 1ST MAIN ROAD, SHESHADRIPURAM, BANGALORE-560020.
(BY SRI. UDAYA PRAKASH MULIYA, ADVOCATE) ...PETITIONER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND ON EXAMINATION OF THE SAME AND QUASH THE ORDER IMPUGNED DATED 02.08.2018 PASSED BY THE CIVIL JUDGE AND JMFC SULLIA, D.K. IN O.S.NO. 87/2017 IN IA NO.1 PRODUCED AT ANNEXURE-E AND ALLOW THE W.P.
IN W.P.NO.11730 OF 2019:
BETWEEN:
1. VANAJA V BHAT W/O. LATE. T V BHAT, AGED ABOUT 62 YEARS, 2. MRS. AHALYA PARAMESHWARI, D/O. LATE. T V BHAT, AGED ABOUT 31 YEARS, 3. GHANASHYAMA, S/O. LATE. T V BHAT, AGED ABOUT 30 YEARS, ALL ARE R/AT NEAR KUMARADHARA RIVER, SUBRAMANYA VILLAGE AND POST, SULLIA TALUK, DK. 574 239.
(BY SRI. KRISHNAMOORTHY D, ADVOCATE) AND SAMPUTA SRI NARASIMHA DEVARU, REP BY SRI. SRI. VIDYAPRASANNA THIRTHA SWAMIJI OF SRI. SUBRAMANYA MUTT, REP BY GPA HOLDER, S R PRASANNA S/O S R RAO, SHESHADRIPURAM, PB NO. 2018, BANGALORE 560020.
(BY SRI. UDAYA PRAKASH MULIYA, ADVOCATE) ...PETITIONERS …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE ORDER IMPUGNED DATED 02.08.2018 PASSED BY THE CIVIL JUDGE AND JMFC SULLIA, D.K. IN O.S.31/2017 IN I.A.NO.1 PRODUCED AT ANNEXURE-E AND ALLOW THE W.P.
IN W.P.NO.11732 OF 2019:
BETWEEN:
KITTANNA RAI, S/O KUKKAMMA RAI, AGED ABOUT 68 YEARS, RESIDING AT SUBRAMANYA VILLAGE AND POST, SULLIA TALUK, D K-574239.
(BY SRI. KRISHNAMOORTHY D, ADVOCATE) AND:
...PETITIONER SREE SREE VIDYAPRASANNA THIRTHA SWAMIJI SAMPUTA PEETADIPATHI JAGADGURU SREE MADWACHARYA MAHASAMSTHANAM SREE SAMPUTA NARASIMHA MUTT, SUBRAMANY, SULLIA TALUK, D K DISTRICT-574238, REP/BY GPA HOLDER S.R PRASANNA S/O S R RAO, AGED ABOUT 57 YEARS, 1ST MAIN ROAD, SHESHADRIPURAM, BANGALORE-560020.
(BY SRI. UDAYA PRAKASH MULIYA, ADVOCATE) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND ON EXAMINATION OF THE SAME AND QUASH THE ORDER IMPUGNED DTD:02.08.2018 PASSED BY THE CIVIL JUDGE AND JMFC SULLIA, D.K. IN O.S.NO.86/2017 IN IA NO.1 PRODUCED AT ANNEXURE-E AND ALLOW THE W.P.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In all these writ petitions, petitioners being the defendants in three separate suits for possession of the subject properties, are invoking the writ jurisdiction of this court for assailing the orders evenly dated 2.8.2018, copies whereof are at Annexure-E to these Writ Petitions whereby their applications filed under section 10 of CPC, 1908, having been rejected, the learned trial judge has refused to stay the suit proceedings, till after their Review Petitions pending before this court are disposed off. After service of notice, the respondent-land owner having entered appearance through his counsel resists the Writ Petitions.
2. Both the learned counsel for the parties having argued the matter for some time, are now broadly in agreement with the suggestion of this court that the trial of the subject suit shall go on and judgment & decree may also be entered subject to the rider that the decree shall not be put in execution till after the Review Petition Nos.427/2008, 192/2009, 394/2008 are disposed off, by this Court.
3. It is made clear that if the Review Petitions are dismissed, or otherwise declined, the decrees to be made, become executable; all contentions of the parties are kept open.
Sd/- JUDGE cbc