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2025 DAILYLAW 11458 (KAR)

GULAM YAZDANI v. RAGHAVENDRA

WP/201715/2025 · 2025-06-26

M I Arun

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:3427 WP No. 201715 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201715 OF 2025 (GM-CPC) BETWEEN: 1. GULAM YAZDANI S/O GULAM MOINUDDIN, AGED ABOUT 65 YEARS, OCC: AGRICULTURE, R/O BEERANALLI VILLAGE, TQ. SEDAM, DIST. KALABURAGI-585222. 2. ABDUL KHUDDUS S/O GULAM MOINUDDIN, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O BEERANALLI VILLAGE, TQ. SEDAM DIST. KALABURAGI-585222. 3. MEHAMOOD MIYAN S/O GULAM MOINUDDIN, AGED ABOUT 58 YEARS, OCC: AGRICULTURE, R/O BEERANALLI VILLAGE, TQ. SEDAM DIST. KALABURAGI-585222. 4. MOHAMMED YASIN S/O GULAM MOINUDDIN AGED ABOUT 55 YEARS, OCC: AGRICULTURE, R/O BEERANALLI VILLAGE, TQ. SEDAM DIST. KALABURAGI-585222. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3427 WP No. 201715 of 2025 …PETITIONERS (BY SRI. VISHWAKARAMARAJ NAYAK, ADVOCATE) AND: 1. RAGHAVENDRA S/O MAHARUDRAPPA, AGE: 32 YEARS, OCC: AGRICULTURE, R/O BEERANALLI VILLAGE, TQ. SEDAM, DIST. KALABURAGI-585222. 2. SABANNA S/O MALKAPPA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O BEERANALLI VILLAGE, TQ. SEDAM DIST. KALABURAGI-585222. 3. STATION HOUSE OFFICER, MALKHED, MALKHED VILLAGE, TQ. SEDAM, DIST. KALABURAGI-585222. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE PRESIDING OFFICER, CIVIL JUDGE AND JMFC, SEDAM IN O.S. NO.59/2023 TO PASS AN ORDER ON I.A. NO.2 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC-K:3427 WP No. 201715 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The case of the petitioners is that they are plaintiffs in O.S.No.59/2023 pending on the file of Civil Judge (Jr.Dn.) & JMFC, Sedam. It is submitted that they have filed IA No.1/2024 in the said original suit, under Section 151 of CPC with the following prayer: “To direct the jurisdictional Station House Officer, Malakhed to give protection to the plaintiffs and further direct to give the protection to cultivate the suit land in the interest of justice and equity.” 2. It is further submitted that the said interlocutory application has been heard by the trial Court on 10.02.2025. However, it is submitted that no orders have been passed so far. Hence, the present writ petition is filed with the following prayer: “WHEREFORE, the petitioners pray that this Hon’ble Court may kindly be pleased to issue 1) A Writ of Mandamus directing the Presiding Officer, Civil Judge and JMFC, Sedam in O.S.No.59/2023 to pass an order on I.A.No.2. - 4 - HC-KAR NC: 2025:KHC-K:3427 WP No. 201715 of 2025 2) Grant such other or further relief or reliefs as this Hon’ble Court may deem fit in the circumstances of the case.” 3. The trial Court is expected to pass orders on the interlocutory applications as expediently as possible upon hearing the same. 4. Hence the following: ORDER The trial Court is directed to pass order on I.A.No.2 in O.S.No.59/2023 as expeditiously as possible, but not later than 30 days from the date of receipt of certified copy of this order. Sd/- (M.I.ARUN) JUDGE SMP List No.: 1 Sl No.: 47 CT:SI