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M. E. Nazoer vs Rashid. M. E.

M. E. Nazoer vs Rashid. M. E.

Type Court Judgment Court Karnataka Decided Jan 05, 2026
~4 min read
https://sooperkanoon.com/case/1583865

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Citation
Court
Karnataka High Court
Judge
Decided On
Case Number
WP/39135/2025

Parties & Advocates

Appellant / Petitioner

M. E. Nazoer

Respondent

Rashid. M. E.

Excerpt

.....prejudice to the rights and contentions of both parties and since final decree proceedings are still pending consideration before the trial court, the impugned order may be set aside and the matter be remitted back to the trial court for disposal of the said final decree proceedings on merits within a stipulated-4- timeframe since fdp no.6/2025 is posted before the trial court on 12.01.2026, by leaving open all contentions to be urged by both sides before the trial court.5. in view of the aforesaid facts and circumstances andthe joint submission made by both sides and in order to give a quietus/finality to the dispute between the parties, which is now pending in the final decree proceedings before the trial court, i deem it just and appropriate to set aside the impugned order and remit the matter back to the trial court for disposal of final decree proceedings, in accordance with law, by issuing certain directions in this regard.6. in the result, i pass the following:order(i) the petition is allowed.(ii) the impugned order dated 03.12.2025 passed on i.a.no.4 in fdp no.6/2025 by the senior civil judge and cjm, kodagu, madikeri, is hereby set aside.(iii) the matter is remitted back to the trial court with a direction to conclude/complete/dispose of the final decree proceedings, in accordance with law, after -5- taking into account entire material on record including the report of the court commissioner, joint memo, etc.(iv) the trial court is directed to conclude/complete the final decree proceedings within a period of one month from 12.01.2026.(v) all rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. sd/- (s.r.krishna kumar) judge bmc list no.: 1 sl no.: 65

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39135 OF 2025 (GM-CPC) BETWEEN: M. E. NAZOER, S/O IDINABBA, AGED 64 YEARS, RESIDING AT MAHADEVPET, OPP. BASAVESHWARA TEMPLE, MADIKERI TOWN, KODAGU DISTRICT - 571 201 …PETITIONER (BY SRI. D.L. JAGADEESH, SENIOR ADVOCATE FOR SRI. MAHAMMAD ANWAR, ADVOCATE) AND: RASHID M. E. S/O IDINABBA AGED 60 YEARS,

Digitally RESIDING AT RANIPET, signed by MADIKERI, CHANDANA

BM              KODAGU DISTRICT - 571 201
Location:                                                  …RESPONDENT
High Court of   (BY SRI. RANJAN KUMAR K., ADVOCATE FOR CAV/RESPONDENT)

Karnataka

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.12.2025 IN FDP NO. 06/2025, PASSED BY THE LD. SENIOR CIVIL JUDGE AND CJM, KODAGU-MADIKERI, WHEREBY THE LD. TRIAL JUDGE HAS ALLOWED THE IA FILED UNDER SECTION 151 OF CPC SEEKING PERMISSION TO GET SEPARATE WATER AND ELECTRICITY CONNECTION BY THE RESPONDENT HEREIN VIDE ANNEXURE- A1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: -2-

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the respondent in FDP No.6/2025 is directed

against the impugned order dated 03.12.2025 passed on I.A.No.4 by the Senior Civil Judge and CJM, Kodagu, Madikeri (for short “the Trial Court”), whereby the said application filed by the respondent under Section 151 CPC seeking permission to separate the water and electricity connection to their share/extent in the petition schedule property under the supervision of a Civil Engineer, Promod Kumar Rai, was allowed by the Trial Court.

2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

3. A perusal of the material on record will indicate that the

respondent-plaintiff instituted the suit in O.S.No.62/2024 against the petitioner-defendant, which was decreed in favour of the respondent-plaintiff, vide order dated 25.03.2025. The said

judgment and decree passed in O.S.No.62/2024 was compromised

between the parties and the same has attained finality and become conclusive and binding upon the parties. It is contended by the -3-

respondent-plaintiff that since the petitioner did not come forward to give effect to the compromise decree and has initiated Final Decree Proceedings against the petitioner herein. In the said Final Decree Proceedings, the parties have filed a Joint Memo dated 19.09.2025 and a Court Commissioner was appointed by the Trial Court, who submitted a report and both the said Joint Memo and Report of the Court Commissioner were placed before the Trial

Court. At that stage, the respondent-plaintiff filed the instant application, I.A.No.4 for bifurcation/separation of electricity and water connection. The said application having been opposed by the petitioner, the Trial Court proceeded to pass the impugned

order allowing the said application, aggrieved by which the

petitioner is before this Court by way of the present petition.

4. Learned Senior counsel for the petitioner and learned

counsel for the respondent jointly submit on instructions that without prejudice to the rights and contentions of both parties and since Final Decree Proceedings are still pending consideration before the Trial Court, the impugned order may be set aside and the matter be remitted back to the Trial Court for disposal of the said Final Decree Proceedings on merits within a stipulated

-4- timeframe since FDP No.6/2025 is posted before the Trial Court on 12.01.2026, by leaving open all contentions to be urged by both sides before the Trial Court.

5. In view of the aforesaid facts and circumstances and

the joint submission made by both sides and in order to give a quietus/finality to the dispute between the parties, which is now pending in the final decree proceedings before the Trial Court, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court for disposal of final decree proceedings, in accordance with law, by issuing certain directions in this regard.

6. In the result, I pass the following:

ORDER

(i) The petition is allowed.

(ii) The impugned order dated 03.12.2025 passed on I.A.No.4 in FDP No.6/2025 by the Senior Civil Judge and CJM, Kodagu, Madikeri, is hereby set aside.

(iii) The matter is remitted back to the Trial Court with a direction to conclude/complete/dispose of the final decree proceedings, in accordance with law, after -5- taking into account entire material on record including the report of the Court Commissioner, joint memo, etc.

(iv) The Trial Court is directed to conclude/complete the final decree proceedings within a period of one month from 12.01.2026.

(v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 65

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