Sri Channesa H L Alias H L Chanesha vs Sri H S Krishnamurthy on 10 November, 2022

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Karnataka High Court

Sri Channesa H L Alias H L Chanesha vs Sri H S Krishnamurthy on 10 November, 2022

Bench: B. M. Shyam Prasad

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF NOVEMBER 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

          WRIT PETITION NO.20736/2022 (GM-CPC)

BETWEEN :

SRI.CHANNESA H.L.ALIAS H.L. CHANESHA
AGED ABOUT 37 YEARS
R/AT NO. 25, 2ND MAIN ROAD,
1ST CROSS, MOTHER DAIRY CROSS
MATHRU LAYUOT
YALAHANKA UPANAGARA
BANGALORE -560 065
                                   ... PETITIONER
(BY SRI. SAKET BISANI, ADVOCATE)

AND :

1.    SRI H.S.KRISHNAMURTHY
      S/O LATE HBS NAIK
      AGED ABOUT 48 YEARS
      R/AT NO. 67, 2ND FLOOR
      DOOPANAHALY
      SRI RAMA TEMPLE ROD,
      2ND STAGE, HAL,
      INDIRANAGAR,
      BANGALORE 560 008

      ALSO AT
      SRI. H.S. KRISHNAMURTHY
      C/O ISWARYA BAR AND RESTAURANT
      NO.17,1/2/24-25, MOTHER DAIRY CIRCLE
      CHIKKABOMMASANDRA
                                2



      YALAHANKA
      BANGALORE -560 064

2.    SMT. GOWRAMMA
      D/O SRI. CHIKKEGOWDA
      AGED ABOUT 56 YEARS
      R/AT CHIKKABOMMASANDRA VILLAGE
      YALAHANKA HOBLI,
      BANGALORE NORTH TALUK,
      BANGALORE -560 106

                                            ... RESPONDENTS

      THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE    PRINCIPAL   CITY   CIVIL        SESSIONS   JUDGE     AT
BENGALURU (CCH-29) IN EXE.NO.25552/22 IN A TIME
BOUND MANNER OR GIVING A DATE OF A MAXIMUM
PERIOD OF TWO (2) WEEKS FOR THE NEXT DATE, IN
EXE.P.NO.25552/2022 IN CCH-29 AS PER ANNEXURE-B
AND ETC.

      THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:



                         ORDER

The petitioner is a decree holder in Ex.No.25552/2022, which is pending on the file of the XXVIII Additional City Civil Judge, Bengaluru. The 3 petition is for a direction to the Executing Court to decide the pending Execution case in a time bound manner. The learned counsel for the petitioner contends that the petitioner's suit for ejectment is decreed on 01.07.2022 granting a month to the respondent to vacate and handover vacant possession. The respondent-judgment debtor is deliberately avoiding service of notice. The petitioner is suffering from end stage renal disease, and he is anxious that he cannot see the fruits of the decree even in the twilight of his life.

As service of notice to the judgment debtor is not complete as of now, this Court is of the considered view that the petition must be disposed of reserving liberty to the petitioner to move an appropriate application before the Executing Court for ensuring the service of notice of the proceedings is through the expedite mode and if such liberty is exercised, the executing Court must 4 consider the same in accordance with law.

The petition stands disposed of accordingly.

Sd/-

JUDGE mv

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