Smt. Bhanubee W/O Kashimsaheb Pendari vs Sri. Yallappa S/O Yallappa Belavadi on 28 October, 2022

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Karnataka High Court

Smt. Bhanubee W/O Kashimsaheb Pendari vs Sri. Yallappa S/O Yallappa Belavadi on 28 October, 2022

Bench: N.S.Sanjay Gowda

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                                    WP No. 104284 of 2022



     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 28TH DAY OF OCTOBER, 2022

                         BEFORE
        THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

         WRIT PETITION NO.104284 OF 2022 (GM-CPC)

BETWEEN:

1.     SMT. BHANUBEE W/O KASHIMSAHEB PENDARI,
       AGE: 65 YEARS, OCCUPATION: HOUSE HOLD WORK,
       R/O. PENDARI GALLI. JAMKHANDI,
       TQ: JAMKHANDI, DIST: BAGALKOTE.

2.     SRI. MOHAMAD S/O KASHIMSAHEB PENDARI,
       AGE: 45 YEARS, OCCUPATION: BUSINESS
       R/O. PENDARI GALLI. JAMKHANDI.
       TQ: JAMKHANDI, DIST: BAGALKOTE.

3.     SRI. IMRAN S/O KASHIMSAHEB PENDARI,
       AGE: 43 YEARS, OCCUPATION: BUSINESS,
       R/O. PENDARI GALLI. JAMKHANDI.
       TQ: JAMKHANDI, DIST: BAGALKOTE.

4.     SRI. HASANALI S/O KASHIMSAHEB PENDARI,
       AGE: 33 YEARS, OCCUPATION: BUSINESS,
       R/O. PENDARI GALLI. JAMKHANDI.
       TQ: JAMKHANDI, DIST: BAGALKOT.
                                           ...PETITIONERS

(BY SHRI M. C. HUKKERI, ADVOCATE)

AND:

1.     SRI. YALLAPPA S/O YALLAPPA BELAVADI,
       AGE: 57 YEARS, OCCUPATION: DENTIST,
       R/O. JOLAD BAZAR. JAMKHANDI.
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                                 WP No. 104284 of 2022



     TQ: JAMKHANDI, DIST: BAGALKOTE.

2.   SRI. NANDAKISHOR S/O BALAKRISHNA MANTRI,
     AGE: 54 YEARS, OCCUPATION: DENTIST,
     R/O. JOLAD BAZAR. JAMKHANDI.
     TQ: JAMKHANDI, DIST: BAGALKOT

3.   SRI. SUNITA W/O RAJU @ RAJAKUMAR MANTRI,
     AGE: 54 YEARS, OCCUPATION: HOUSE WIFE,
     R/O. C/O RAMESH HANAMAHET H.NO.3/3
     SWAMI VIVEKANAND ROAD CHIDAMBAR NAGAR
     ANIGOL, BELAGAVI DIST:

4.   SRI. AMIT S/O RAJU @ RAJAKUMAR MANTRI,
     AGE: 24 YEARS, OCCUPATION: NIL,
     R/O. C/O RAMESH HANAMAHET H.NO.3/3
     SWAMI VIVEKANAND ROAD CHIDAMBAR
     NAGAR ANIGOL, BELAGAVI DIST:

5.   SRI. AMRUTA D/O RAJU @ RAJAKUMAR MANTRI,
     AGE: 24 YEARS, OCCUPATION: HOUSE WIFE,
     R/O. C/O RAMESH HANAMAHET H.NO.3/3
     SWAMI VIVEKANAND ROAD CHIDAMBAR
     NAGAR ANIGOL, BELAGAVI DIST:

6.   SRI. SUREKHA W/O RAMALALJI MUNDADA,
     AGE: 56 YEARS, OCCUPATION: HOUSE WIFE,
     R/O. AMARAI APARTMENT. 4TH BUILDING G-5 SANGAL.

7.   SRI. NIJAM S/O KASHIMSAHEB PENDARI,
     AGE: 61 YEARS, OCCUPATION: BUSINESS,
     R/O. PENDARI GALLI. JAMKHANDI.
     TQ: JAMKHANDI DIST: BAGALAKOTE.

8.   SRI. SHARUDDIN S/O MUSTAFA SHEIKH,
     AGE: 70 YEARS, OCCUPATION: HOUSE WIFE,
     R/O. SRI COLONY BIKAS NAGAR DEVI ROAD
     POONA 412101.
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                                  WP No. 104284 of 2022



9.    SRI. PARVEEN D/O SHARFUDDIN SHEIKH,
      AGE: 34 YEARS, OCCUPATION: HOUSE WIFE,
      R/O. SRI COLONY BIKAS NAGAR DEVI ROAD
      POONA 412101.

10.   SRI. NASREEN D/O SHARFUDDIN SHEIKH,
      AGE: 32 YEARS, OCCUPATION: HOUSE WIFE,
      R/O. SRI COLONY BIKAS NAGAR DEVI ROAD
      POONA 412101.

11.   SRI. MOHASEEN D/O SHARFUDDIN SHEIKH,
      AGE: 31 YEARS, OCCUPATION: HOUSE WIFE,
      R/O. SRI COLONY BIKAS NAGAR DEVI ROAD
      POONA 412101.

                                        ...RESPONDENTS

(NOTICE TO RESPONDENTS-DISPENSED WITH)

                          ***

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO:

      A.   ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION TO DIRECT THE
TRIAL COURT TO DISPOSE OFF THE EXECUTION PETITION
BEARING E.P.NO.20/2016 ON THE FILE OF PRIL.CIVIL JUDGE
JMFC JAMKHANDI WITHIN 15 DAYS VIDE ANNEXURE-F1, IN
THE INTEREST OF JUSTICE AND EQUITY.

      THIS PETITION COMING ON FOR ORDER, THIS DAY, THE
COURT MADE THE FOLLOWING:
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                                     WP No. 104284 of 2022



                          ORDER

As respondent Nos.1 to 6 who have suffered the decree cannot have any say in the matter which is subject matter in respect of the subject matter of this writ petition, notice to them is dispensed with.

2. The prayer made in this writ petition is for issuance of a direction to the Trial Court to dispose of the execution petition bearing E.P.No.20/2016 on the file of Prl. Civil Judge and JMFC, Jamakhandi.

3. It is the case of the petitioners that they have obtained a decree for possession and they are unable to reap the fruits of the decree though the litigation was initiated in 1989.

4. In view of the fact that, the petitioners have secured a decree which has been confirmed by this Court in second appeal, it would be necessary to direct the -5- WP No. 104284 of 2022 Executing Court to dispose of the Execution Petition at the earliest.

5. The Executing Court shall, unless prevented by an interim order granted by the Hon'ble Supreme Court, shall take all steps to ensure that the Execution Petition is disposed of within a period of two months from the date of receipt of certified copy of this order.

6. Hence, the writ petition is disposed of.

SD JUDGE AM

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