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2025 DAILYLAW 2728 (KAR)

SRI KANAMENI CHKRADHARA REDDY S/O K BALA REDDY v. SRI G ESHWARAPPA S/O MARULAPPA

WP/100332/2025 · 2025-01-21

Suraj Govindaraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:983 WP No. 100332 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100332 OF 2025 (GM-CPC) BETWEEN: SRI. KANAMENI CHAKRADHARA REDDY, S/O. K. BALA REDDY, AGED ABOUT 53 YEARS, OCC: SITE BUSINESS, R/O. 3-51, MUSTABAD, KARIMANAGAR, TELANGANA-505404. …PETITIONER (BY SRI. SATHISH M.S., ADVOCATE) AND: SRI. G. ESHWARAPPA S/O. MARULAPPA, AGED ABOUT 64 YEARS, HINDU, AGRICULTURIST, R/O. BASAVESHWARA NAGARA, KOTTUR TOWN IN KOTTUR TALUK, VIJAYANAGARA DISTRICT-583134. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION OR NECESSARY WRIT OF MANDAMUS BY DIRECTING THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, KUDLIGI TO STAY ALL FURTHER PROCEEDINGS IN O.S.NO.3/2022 VIDE ANNEXURE-C, UNTIL ADJUDICATION OF O.S.NO.293/2023 BY HON’BLE CIVIL JUDGE AND JMFC, KUDLIGI VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:983 WP No. 100332 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue an order or direction or necessary writ of Mandamus by directing the Hon’ble Senior Civil Judge and JMFC, Kudligi to stay all further proceedings in O.S.No.3/2022 vide ANNEXURE-C, until adjudication of O.S.No.293/2023 by Hon’ble Civil Judge and JMFC, Kudligi vide ANNEXURE-E in the interest of justice and equity. b) To grant such other relief/relief’s as this Hon’ble court deems fit and proper in the facts and circumstances of this case in the interest of justice. 2. The contention of the petitioner is that, the lis between the parties is under adjudication in O.S.No.293/2023 and as such, the proceedings in O.S.No.3/2022 has been stayed. 3. The reliefs which have been sought for in the present petition are not maintainable, as the petitioner can always file necessary application in the proceedings, either for stay of the proceedings or for clubbing of - 3 - NC: 2025:KHC-D:983 WP No. 100332 of 2025 proceedings, which have to be dealt with by the concerned Court in the proper manner. 4. Reserving such liberty, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 20