Karnataka High Court
Vidhya Shri vs Rakesh on 23 January, 2020
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO. 36145 OF 2019 (GM-CPC)
BETWEEN:
VIDHYA SHRI
D/O SAMPANGIRAMAIAH
@ SEETARAMAIAH @ RAMAIAH
AGED 19 YEARS,
R/AT DOOR NO.268, 7TH CROSS,
6TH BLOCK, NAGARABHAVI
2ND STAGE,
BENGALURU-560072
... PETITIONER
(BY SRI. B RAMESH, ADVOCATE)
AND:
1. RAKESH,
S/O RAVI KUMAR K V,
AGED 19 YEARS,
R/AT NEW GURAPPANAIPALYA
2ND CROSS, BANNERGHATTA ROAD,
BENGALURU-560083.
2. SAMPANGIRAMAIH,
S/O LATE NAAYANAPPA,
AGED 46 YEARS,
R/AT KEMPANAYAKANHALLI VILLAGE,
JIGANI HOBLI, BANNERGHATTA POST,
ANEKAL TALUK,
BENGALURU DISTRICT.
... RESPONDENTS
(BY SRI. BHASKAR BASU H J, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 19.07.2019 PASSED IN EXECUTION NO.45/2018 BY THE
SENIOR CIVIL JUDGE AT ANEKAL WHICH IS PRODUCED AND
MARKED AS ANNEXURE-H; AND ETC.
2
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Both the sides having argued the matter for sometime, are broadly in agreement with the suggestion of this Court that no indulgence is warranted in this writ petition for invalidating the impugned order and that, petitioner be permitted to make an appropriate application either before the Executing Court or before the Court where the suit in O.S.No.65/2016 is pending, for the redressal of his/this arguable grievance.
Ordered accordingly, and the Writ Petition is disposed off all contentions of the parties having been kept open.
The learned Judge of the Executing Court is requested not to precipitate the executing proceedings for a period of three weeks to enable the petitioner to avail other remedy, as mentioned above.
Sd/-
JUDGE DS