Karnataka High Court

WP/59344/2013 of SMT TAYAMMA Vs DULAYYA on 31 December 2013

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 31ST DAY OF DECEMBER, 2013 BEFORE THE HON’BLE MR.JUSTICE A.S.PACHHAPURE WRIT PETITION NO.59344/2013 (GM-CPC) BETWEEN: 1. SMT.TAYAMMA W/O LATE SHIVAYYA AGED ABOUT 50 YEARS OCC: HOUSEHOLD & AGRICULTURE R/O IDAPNUR

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 31[ST] DAY OF DECEMBER, 2013

BEFORE

THE HON’BLE MR.JUSTICE A.S.PACHHAPURE

-WRIT PETITION NO.59344/2013 (GMCPC)

BETWEEN:

1. SMT.TAYAMMA W/O LATE SHIVAYYA AGED ABOUT 50 YEARS OCC: HOUSEHOLD & AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

2. ANJINEYYA S/O LATE SHIVAYYA AGED ABOUT 33 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTIRCT RAICHUR 584 101

3. GORALYYA W/O LATE SHIVAYYA AGED ABOUT 29 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTIRCT RAICHUR 584 101

... PETITIONERS

(BY SRI.VIGHNESHWAR S.SHASTRI, ADVOCATE)

AND:

1. DULAYYA S/O LATE HANUMAYYA @ HANUMA AGED ABOUT 65 YEARS OCC: AGRICULTURE

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R/O IDAPNUR VILLAGE

TALUK AND DISTRICT RAICHUR 584 101

2. SHANKARAPPA S/O LATE HANUMAYYA @ HANUMA AGED ABOUT 62 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

3. KRISHTAYYA S/O LATE HANUMAYYA @ HANUMA AGED ABOUT 58 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101 S/O LATE HANUMAYYA @ HANUMA AGED ABOUT 58 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

4. VENKATESH S/O LATE HANUMAYYA @ HANUMA AGED ABOUT 50 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101 S/O LATE HANUMAYYA @ HANUMA AGED ABOUT 50 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

5. ANJANAMMA W/O LATE HANUMAYYA @ HANUMA AGED ABOUT 40 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101 W/O LATE HANUMAYYA @ HANUMA AGED ABOUT 40 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

6. ANJENEYYA S/O BASANNA AGED ABOUT 35 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

7. PADDAMMA W/O BASANNA AGED ABOUT 30 YEARS W/O BASANNA AGED ABOUT 30 YEARS

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OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

8. RADHAMMA W/O KASHINATH AGED ABOUT 28 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

9. SHAILAJA W/O SHANKARAPPA AGED ABOUT 30 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

10. HANUMANTHU S/O LAHMA JUTLA AGED ABOUT 80 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101 11. HANUMANTHA S/O NARASAPPA JUTLA AGED ABOUT 50 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

12. P SHAIK AHMED S/O HUSSAINSAB AGED ABOUT 66 YEARS OCC: AGRICULTURE R/O IDAPNUR VILLAGE TALUK AND DISTRICT RAICHUR 584 101

... RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.21.12.13, PASSED ON IA.NOS.III IN OS.NO.457/12 ON THE FILE OF THE ADDL. CIVIL JUDGE RAICHUR AS PER ANN-H AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned Counsel for the petitioners.

2. This petition is filed challenging the order passed on I.A.No.3 appointing a receiver directing to take possession of the suit property. This is an order appealable under Order 43 Rule 1 sub-Rule (s) of CPC. When there is an alternative remedy of an appeal, this Writ Petition is not maintainable. Petitioners are at liberty to approach the appellate court by filing an appeal under the aforesaid provision.

With these observations, Writ Petition is dismissed.

Sd/-JUDGE

Prs*

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