Karnataka High Court
Sri S G Krishnamurhty vs K Ramesh on 13 September, 2013
Author: H.G.Ramesh
Bench: H.G.Ramesh
1
W.P.Nos.7757/2013
c/w 37277/2011
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF SEPTEMBER 2013
BEFORE
THE HON'BLE MR.JUSTICE H.G.RAMESH
W.P.Nos.7757/2013 c/w 37277/2011(GM-CPC)
IN W.P.NO.7757/2013
BETWEEN
SRI S G KRISHNAMURHTY
S/O LATE S GUNDAPPA
AGED ABOUT 60 YEARS
FLAT NO.1, GROUND FLOOR
Y N RESIDENCY, 7TH MAIN
4TH PHASE, RAJEEV NAGAR
B V N LAYOUT
BANGALORE-560 085 ... PETITIONER
(BY SRI SURESH DESAI FOR
M/S DESAI ASSOCIATES, ADVOCATES)
AND
K RAMESH
S/O LATE KRISHNAPPA
AGED ABOUT 30 YEARS
RESIDING AT NO. 325, 11TH CROSS
SHAKAMBARI NAGAR
J P NAGAR, 1ST PHASE
BANGALORE-560 078 ... RESPONDENT
(BY SRI Y K NARAYAN SHARMA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE IA
NO.83 FILED BY THE RESPONDENT BEFORE THE EXECUTION
COURT PASSED IN EX NO.1558/98 IN THE COURT OF XIX ADDL.
CITY CIVIL AND SESSIONS JUDGE, DATED 31.8.12 VIDE ANNX-A.
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W.P.Nos.7757/2013
c/w 37277/2011
IN WP NO 37277 OF 2011
BETWEEN
SRI S G KRISHNA MURTHY
S/O LATE S GUNDAPPA
AGED ABOUT 59 YEARS
FLAT NO.1, GROUND FLOOT
Y N RESIDENCY, 7TH MAIN
4TH PHASE, RAJEEV NAGAR
B V N LAYOUT
BANGALORE-560 085 ... PETITIONER
(BY SRI D R SUNDARESHA, ADVOCATE)
AND
SRI K RAMESH
S/O LATE SRI KRISHANAPPA
AGED ABOUT 30 YEARS
BOTH 7, 8 R/AT NO. 325
11TH CROSS, SHAKAMBARI NAGAR
J P NAGAR 1ST PHASE
BANGALORE-560078 ... RESPONDENT
(BY SRI Y.K.NARAYAN SHARMA, ADVOCATE)
THIS W.P IS FILED UNDER ARTICLES 225 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE
AMENDED SCHEDULE TO THE DECREE, IN THE EXECUTION
PETITION NO.1558/98 BEFORE THE EXECUTION COURT DATED
06.10.2009 BY THE RESPONDENT VIDE ANNEXURE A.
THESE W.Ps. COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
H.G.RAMESH, J. (Oral):
Learned Counsel on both sides, after arguing the matter for sometime, rightly submit that these writ 3 W.P.Nos.7757/2013 c/w 37277/2011 petitions may be disposed of by directing the Executing Court to dispose of the application in I.A.No.82 dated 21.07.2010 filed in Execution Case No.1558 of 1998 by the petitioner-objector under Order XXI Rules 97, 99 & 100 of the CPC on merits and in accordance with law and without being influenced by the order dated 6/8-10-2009 passed on the decree-holder's application in the aforesaid Execution Case.
2. In view of the above, the Executing Court is directed to dispose of the aforesaid application on merits and in accordance with law and without in any way relying on its order dated 6/8-10-2009 directing amendment of the decree in the suit in O.S.No.5832 of 1991.
3. At this stage, learned Counsel on both sides submit that they will fully co-operate with the Executing Court for expeditious disposal of application and hence, the Executing Court may be directed to dispose of the application expeditiously. The Executing Court is 4 W.P.Nos.7757/2013 c/w 37277/2011 accordingly directed to dispose of the above application in I.A.No.82 expeditiously and in any event within six months from the date of receipt of a copy of this order by strictly avoiding unnecessary adjournments in the matter.
Petitions disposed of.
Sd/-
JUDGE Yn.