IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P.NO. 31305/2016 (GM-CPC) BETWEEN:
M.S.SHIVARUDRAMMA W/O M. SHIVAMURTHY AGED ABOUT 73 YEARS RETIRED TEACHER R/O DOOR NO.116/71 KIRAWADI LAYOUT K.B. EXTENSION DAVANAGERE-577 002.
... PETITIONER (BY SRI. SHANTHAPPA FOR SRI. REVANNA BELLARY, ADVOCATES) AND:
1. A. ANJINAPPA S/O HANUMANTHAPPA AGED ABOUT 61 YEARS RETIRED BANK EMPLOYEE DOOR NO.834 14TH CROSS, VIDYA NAGAR DAVANAGERE-577 004.
2. SMT. SHIVALINGAMMA W/O LATE SHANTHAPPAIAH AGED ABOUT 91 YEARS HOUSE WIFE, R/O DOOR NO. 116/71, KIRAWADI LAYOUT K.B. EXTENSION DAVANAGERE-577 002.
3. M.C. MALLIKARJUNAIAH S/O CHANNAVEERAIAH AGED ABOUT 35 YEARS AGRICULTURIST R/O MALALKERE DAVANAGERE TALUK-577 002.
4. RENUKASWAMY S/O CHANNAVEERAIAH AGED ABOUT 30 YEARS R/O MALALKERE DAVANAGERE TALUK-577 002.
5. M.MURUGENDRAIAH S/O MAHADEVAIAH AGED ABOUT 57 YEARS AGRICULTURIST R/O MALALKERE VILLAGE, DAVANAGERE TALUK-577 002.
... RESPONDENTS (BY SRI.L PRAKASH, ADVOCATE FOR R1; R2, R3 & R5 ARE SERVED BUT UNREPRESENTED;
V/O DATED 28.03.2017 NOTICE TO R4 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDERS ON I.A.NO.1 DATED 30.4.2016 IN R.A.NO.105/2015 OF 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE COURT, DAVANAGER AND PRAYS FOR DISMISSAL OF I.A.NO.1 THROUGHOUT COSTS VIDE ANNEXURE-E.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Plaintiff in O.S.No.169/2014 had instituted the said suit for partition and separate possession and same came to be decreed by judgment and decree dated 26.08.2015. Third defendant being aggrieved by the said judgment and decree has filed an appeal in R.A.No.105/2015. First appellate Court by order dated 30.04.2016 – Annexure-E has stayed the operation and execution of judgment and decree passed by the trial Court. Same is under challenge in this writ petition.
2. First appellate Court considering the apprehension of third defendant that writ petitioner – plaintiff is likely to execute the decree, has stayed the operation and execution of judgment and decree passed in O.S.No.169/2014 till disposal of the appeal on merits. It is stated by Mr.Shantappa, learned Advocate appearing on behalf of Sri Revanna Bellary that records of trial Court has been secured by the first appellate Court. If it is so, first appellate Court shall make all endeavours to dispose of the appeal on merits and in accordance with law expeditiously.
With these observations, writ petition stands disposed of.
SD/- JUDGE *sp