Sadik S/o Kareppa Talawar v. Devappa S/o Lakkappa Talawar
2025-11-07
ANANT RAMANATH HEGDE
body2025
DigiLaw.ai
ORDER : 1. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 20.11.2021 passed in F.D.P.No.05/2016 (old F.D.P. No.15/2011) by the Senior Civil Judge, Banahatti, marked as Annexure-A. The Trial Court returned the petition to the petitioners with a direction to present the same before the Competent Court of Jurisdiction. 2. The suit in O.S.No.84/1983 was filed before the Civil Judge (Senior Division), Jamkhandi. The pecuniary limit of the Civil Judge at that time was in excess of Rs, 10,000/-. Under the present setup, the jurisdiction extends up to Rs. 5,00,000/-. 3. This Court is of the view that the final decree proceedings are in the nature of execution proceedings and, therefore, have to be presented before the same Court which passed the preliminary decree. Since the suit in O.S.No.84/1983 was decided by the Civil Judge (Senior Division), Jamkhandi, who is equivalent to the present Senior Civil Judge, the petition has been rightly presented before the appropriate Court. 4. With these observations, the writ petition is allowed. 5. The order dated 20.11.2021 passed in F.D.P. No.05/2016 (old F.D.P. No.15/2011) by the Senior Civil Judge, Banahatti, marked as Annexure-A, is set aside. 6. The matter is remitted to the Senior Civil Judge, Banahatti, to proceed in accordance with law.