Mr Abdul. Rasheed vs Mr Srinivas on 22 November, 2016

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Karnataka High Court

Mr Abdul. Rasheed vs Mr Srinivas on 22 November, 2016

Bench: A.N. Venugopala Gowda

                           1




           IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH


    DATED THIS THE 22ND DAY OF NOVEMBER, 2016

                     BEFORE

  THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

       WRIT PETITION NO.30654/2016 (GM-CPC)

BETWEEN:

MR. ABDUL RASHEED
S/O MEERAN SAB
AGED: 52 YEARS
PROFESSION TAILOR
SHOP IN H.NO.2-10-87/1
OLD CINEMA ROAD
SEDAM, KALABURAGI- 585 222
                                      ...PETITIONER
(BY SMT. HEMA L.K. ADV.)

AND:

MR. SRINIVAS
S/O KASHINATH RAO
AGED: 70 YEARS
OCC: RETD. DISTRICT JUDGE
R/O JUDICIAL LAYOUT, YELHANKA
BENGALURU
NOW AT H.NO.2-10-87/1
CINEMA ROAD, SEDAM
DISTRICT KALABURAGI- 585 222
                                     ...RESPONDENT

(BY SRI. B.D. HANGARKI, ADV.)
                                  2




      THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DATED 29.4.2016 PASSED BY THE LEARNED
CIVIL JUDGE (JR.DN.) SEDAM, ON THE FILE OF THE Ex.P.
NO.10/2016, VIDE ANNEXURE-D.

       THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:


                               ORDER

This petition was filed on 25.05.2016 to quash an order dated 29.04.2016 passed in Ex.P. No.10/2016 by the Civil Judge, Sedam (Annexure-D).

2. The respondent having instituted O.S. No.10/2009, a decree for possession was passed on 02.01.2015 by the Civil Judge, Sedam. Assailing the said decree, defendant filed R.A. No.8/2015 in the Court of Senior Civil Judge, Sedam. An interim order of stay of execution of the decree, impugned in the appeal was passed on 09.06.2016. An application filed seeking extension of the said order has been heard and main arguments also having been heard, the case is reserved for orders.

3. In Ex.P. No.10/2016, a delivery warrant was ordered to be issued on 29.04.2016. On account of the interim order passed in this petition on 26.05.2016, the delivery warrant has remained unexecuted.

As an application seeking extension of the interim order passed in R.A.No.8/2015 is pending consideration, till the Order on the application or the Judgment is pronounced, the Delivery warrant issued shall not be executed.

The petition is disposed of accordingly.

Sd/-

JUDGE sac*

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