BASAMMA Vs. AJJANAGOUDAR SHANTHAMMA

JUDGEMENT

(1.) Learned counsel Sri. Chetan Munnoli has entered appearance for respondent No.1 who is the contesting respondent.

(2.) Learned counsel for respondent No.1 submits that the petitioners who are the respondents before the FDP Court have filed this writ petition alleging that the impugned order appointing the Commissioner has been passed without hearing them. Therefore learned counsel for respondent No.1 submits that the writ petition may be allowed and the impugned order may be set aside while remanding the matter back to the FDP Court to hear the petitioners and thereafter pass orders on I.A No.2.

(3.) Placing the submission of learned counsel for respondent No.1 on record, the writ petition is allowed. The impugned order dtd. 23/3/2022 on I.A No.2 in FDP 1/2020 on the file of the Civil Judge and JMFC, Huvinahadagali is set aside. The matter stands remanded back to the FDP Court to reconsider I.A No.2 while offering an opportunity to the petitioners herein and thereafter pass orders in accordance with law.