IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.35379 OF 2019 (GM-CPC) BETWEEN:
1. SMT. LEELAVATHI W/O LATE A R LOKANATH, AGED ABOUT 67 YEARS, 2. SRI RAGHU @ RAGHAVENDRA S/O LATE A R LOKANATH, AGED ABOUT 40 YEARS, 3. SMT ARUNA W/O SHIVAMURTHY, D/O LATE A R LOKANATH, AGED ABOUT 41 YEARS, ALL ARE R/O NO.16, 2ND CROSS, AREKEMPANAHALLI, END OF WILSON GARDEN, BENGALURU-560 027 … PETITIONERS (BY SRI M.S. NAGARAJA, ADVOCATE) AND:
1. SMT. PRATHIMA W/O RAGHU @ RAGHAVENDRA, D/O SIDDAGANGAIAH, AGED ABOUT 37 YEARS, 2. MASTER ADITYA W/O RAGHU @ RAGHAVENDRA, AGED ABOUT 11 YEARS, SINCE MINOR REP BY HIS MOTHER AND NATURAL GUARDIAN SMT PRATHIMA - 1ST RESPONDENT.
BOTH ARE R/O NO.92, 9TH MAIN, KALLAPPA BLOCK, SRINAGAR. … RESPONDENTS (BY SRI K.B. SATYANARAYAN, ADVOCATE FOR C/R1 & R2 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED XX ADDITONAL CITY CIVIL & SESSIONS JDUGE, BENGALURU IN FDP NO.3/2014 DATED 21.06.2019 VIDE ANNEXURE-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners being the judgment debtors in a partition suit in O.S.No.2805/2009 are invoking the writ jurisdiction of this Court for assailing the order dated 21.06.2019 a copy whereof is at Annexure – D whereby the Court below has accepted the Court Commissioner’s Report dated 25.01.2019 by which the division of property was effected in terms of preliminary decree dated 15.06.2013. After service of notice, the respondents having entered appearance through their counsel resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court grants indulgence in the matter on a short ground that the petitioners ought to have been given a reasonable opportunity of filing their objections to the subject Commissioner’s Report before its being accepted.
In the above circumstances, the writ petition is allowed in part; the impugned order is invalidated; the matter is remitted to the Court below for consideration afresh within a period of six weeks keeping open all the contentions of the parties in the matter.
It is made clear that none of the parties to the FDP shall seek any adjournment; the Court shall hear the petitioners and consider their objections to the report, if and when filed within a period of two weeks from this day in accordance with law.
No costs.
Sd/- JUDGE KTY