- 1 - HC-KAR NC: 2025:KHC:34474 WP No. 33194 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 33194 OF 2024 (GM-CPC) BETWEEN: 1. SRI. SHIVAPPA A R S/O LATE A RAMAPPA AGED ABOUT 64 YEARS, R/O SHAMANUR VILLAGE DAVANAGERE TALUK AND DISTRICT-577001 …PETITIONER (BY SRI. G.J. SUNKAPUR, ADVOCATE) AND: 1. SMT. JAYAMMA @ JAYAMALA U K W/O LATE A R BASAVARAJAPPA AGED ABOUT 42 YEARS C/O KALLESHAPPA BESTAVALLI VILLAGE, JAGALURU TALUK DAVANAGERE DISTRICT-577001 2. A R HANUMANTHAPPA S/O LATE A RAMAPPA AGED ABOUT 52 YEARS R/O SHAMANUR VILLAGE DAVANAGERE TALUK AND DISTRICT-577001 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34474 WP No. 33194 of 2024 3. SMT AKKAMMA W/O MANJAPPA AGED ABOUT 49 YEARS R/O YARAGUNTE VILLAGE DAVANAGERE TALUK AND DISTRICT-577001 4. SMT GOWRAMMA W/O LATE RAMAPPA AGED ABOUT 76 YEARS, R/O YARAGUNTE VILLAGE DAVANAGERE TALUK AND DISTRICT-577001 …RESPONDENTS (BY SMT. JYOTHI S. KEMPAGOUDAR, ADVOCATE FOR R1; SRI. M.R. HIREMATHAD, ADVOCATE FOR R2 AND R3; SRI. IJARI NAGARAJA, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION AND SET ASIDE THE IMPUGNED ORDER DATED 14.11.2024 (ANNEXURE-A) AND TO ALLOW I.A.02 UNDER ORDER 41 RULE 5 R/W SECTION 151 OF CPC 1908, AS PRAYED, IN R.A.NO.37/2024, ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34474 WP No. 33194 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "a) Call for entire records in RA 37/2024, on the file of the I Additional District and Sessions Judge, Davanagere. b) Issue a writ of Certiorary or any other appropriate Writ or Command or direction and set aside the impugned order dated 14/11/2024 (Annexure-A) and to allow I.A. 02 under order 41 Rule 5 R/w Section 151 of C.P.C. 1908, as prayed, in R.A. 37/2024, on the file of the I Additional District and Sessions Judge, Davanagere, c) Grant to the petitioner such other reliefs as this Hon'ble Court deems fit to grant him on the facts and circumstances of the case, in the ends of justice. d) Costs of the above petition." 2. Heard Sri. G.J. Sunkapur, learned counsel appearing for the petitioner, Smt. Jyothi S. Kempagoudar, learned counsel appearing for respondent No.1, Sri. M.R. Hiremathad, learned counsel appearing for respondent - 4 - HC-KAR NC: 2025:KHC:34474 WP No. 33194 of 2024 Nos.2 and 3, Sri. Ijari Nagaraja, learned counsel appearing for respondent No.4 and have perused the material on record. 3. Facts, in brief, germane are as follows: (a) A suit in O.S.No.73/2008 is preferred by respondent No.1, seeking partition and separate possession. The said suit comes to be decreed on 18.12.2009. Aggrieved by the said judgment and decree, it transpires that the petitioner has preferred a Regular Appeal in R.A.No.21/2010. The matter reaches this Court and the matter is remitted back to the hands of the concerned Court to hear R.A.No.21/2010, afresh. (b) In the interregnum, the Final Decree Proceedings are instituted in terms of the decree so passed in O.S.No.73/2008 or the modified decree, thereafter. The matter before the First Appellate Court is pending adjudication. The petitioner files an application before the Court in FDP proceedings, seeking stay of FDP proceedings by an application under Order XLI Rule 5 of the CPC. The said application comes to be rejected. The rejection of which has driven the petitioner to this Court in the subject petition. - 5 - HC-KAR NC: 2025:KHC:34474 WP No. 33194 of 2024 4. In the light of the matter remitted back to the hands of the First Appellate Court by this Court and the matter pending, which would now become dependent for all the proceedings that are instituted i.e, the FDP or another suit that is now instituted by the parties to resolve the issue, I deem it appropriate to direct the First Appellate Court, which is hearing R.A.No.37/2024, which is now after the matter was remitted back by R.A.No.37/2024 in which the FDP proceedings in FDP No.18/2010 is challenged and pending, be disposed with an outer limit of 4 months from the date of receipt the copy of the order, as everything is now dependent upon the First Appellate Court passing necessary orders on the application in considering the appeal. 5. The appeal filed in R.A.No.21/2010 against the judgment and decree in O.S.No.73/2008 comes to be dismissed. The dismissal of which is challenged before this Court in a Regular Second Appeal, which also comes to be dismissed. After the dismissal, FDP proceedings are instituted by the decree holder, seeking to execute the decree so passed. Challenging the said decree, a Regular Appeal No.12/2013. The - 6 - HC-KAR NC: 2025:KHC:34474 WP No. 33194 of 2024 First Appellate Court remands the matter back to rehear the FDP. 6. It transpires that another member of the family, respondent No.4 herein, institutes another suit in O.S.No.12/2013 and all the matters are now pending before the First Appellate Court in R.A.No.37/2024. 7. In the light of the maze of facts that are narrated by the parties to the lis, I deem it appropriate to direct the concerned Court to dispose the appeal in R.A.No.37/2024 within an outer limit of six (6) months from the date of receipt of the copy of the order, if not earlier. 8. With the aforesaid observations, the petition stands disposed. 9. All the contentions urged before this Court of both the parties shall remain open to be urged before the concerned Court in R.A.No.37/2024. - 7 - HC-KAR NC: 2025:KHC:34474 WP No. 33194 of 2024 10. In the light of the interim order subsisting, as granted by the Co-ordinate Bench of this Court, the same would continue for a period of six (6) months or till the disposal of the suit whichever is earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 53