Karnataka High Court
Pradyumna S/O Govindacharya Gudi vs Anand S/O Madhavachar Gudi on 29 November, 2021
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 29TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO.101166/2018 (GM CPC)
C/W. WRIT PETITION NO.101257/2018 (GM CPC)
IN WP.NO.101166/2018
BETWEEN:
1. PRADYUMNA S/O GOVINDACHARYA GUDI,
AGE: 42 YEARS, OCC: PRIVATE JOB,
R/O: H.NO.1051, AGRAHAAR,
NEAR VEERANARAYAN TEMPLE, GADAG.
2. MADHUSUDAN S/O GOVINDACHARYA GUDI,
AGE: 40 YEARS, OCC: PRIVATE JOB,
R/O: H.NO.1051, AGRAHAAR,
NEAR VEERANARAYAN TEMPLE, GADAG.
3. BALAKRISHNA S/O GOVINDACHARYA GUDI,
AGE: 38 YEARS, OCC: PRIVATE JOB,
R/O: H.NO.1051, AGRAHAAR,
NEAR VEERANARAYAN TEMPLE, GADAG.
4. JAYA S/O GOVINDACHARYA GUDI,
AGE: 37 YEARS, OCC: PRIVATE JOB,
R/O: H.NO.1051, AGRAHAAR,
NEAR VEERANARAYAN TEMPLE, GADAG.
5. VIJAY S/O GOVINDACHARYA GUDI,
AGE: 37 YEARS, OCC: PRIVATE JOB,
R/O: H.NO.1051, AGRAHAAR,
NEAR VEERANARAYAN TEMPLE, GADAG.
:2:
6. SMT.PADMAJA W/O SHRINIVAS TADAPATRI,
AGE: 45 YEARS, OCC: ADVOCATE,
BALLRY COMPOUND, MALAMADDI,
STATION ROAD, DHARWAD-07.
....PETITIONERS
(BY SRI K.L.PATIL, AND SRI S.S.BETURMATH, ADVOCATES)
AND :
1. ANAND S/O MADHAVACHAR GUDI
AGE: 70 YEARS, OCC: RETIRED,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101.
2. RAMESH S/O MADHAVACHAR GUDI
AGE: 60 YEARS, OCC: BUSINESS,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101.
3. KRISHNA S/O MADHAVACHAR GUDI
AGE: 58 YEARS, OCC: BUSINESS,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101.
4. SMT.VARIJA W/O BADRINARAYAN GUDI,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101.
5. KUMAR.JAYATEERTH S/O BADRINARAYAN GUDI
AGE: 13 YEARS, OCC: STUDENT,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101.
6. KUMARI RAMYA D/O BADRINARAYAN GUDI
AGE: 16 YEARS, OCC: STUDENT,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101.
7. SUSHMA D/O MUKUND GUDI,
AGE: 21 YEARS, OCC: STUDENT,
:3:
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101.
8. VARUN S/O MUKUND GUDI,
AGE: 21 YEARS, OCC: STUDENT,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101.
9. SHRI.GADAG VEERANARAYAN DEV,
SHRI TRIKUTESHWSAR DAV,
PRASANNA VENKATARAMAN DEV
SHRI BHELLESHWAR DEV
SHRI LAXMINARAYAN DEV,
SHRI UDACHAMMA DEV AND
SHRI GADAG JUMMA MASJID COMMITTEE
AS SO CALLED TRUST:
CHAIRMAN KHUSHAL
S/O DATTATRAYA GODAKHINDI,
AGE ABOUT 58 YEARS, OCC: DOCTOR,
R/O: NEAR HEAD POST OFFICE,
VAKIL CHAWL, GADAG,
TALUK AND DIST: GADAG.
....RESPONDENTS
(BY SRI. SUNIL S.DESAI, ADV.FOR RESPONDENT NO.1, C/R2, 3
AND 8)
(BY SRI HARSH DESAI, ADVOCATE FOR RESPONDENT NO.9)
(BY SRI P.G.MOGALI, ADVOCATE FOR IMPLEADING APPLICANTS
RESPONDENT NO.10 TO 19)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI BY QUASHING THE IMPUGNED ORDER IN
EX.PETITION NO.03/2017 DATED:19.01.2018 AT ANNEXURE-J
PASSED BY COURT OF THE IST ADDITIONAL CIVIL JUDGE (JR.DN)
AND JMFC COURT GADAG.
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IN W.P.NO.101257/2018
BETWEEN :
SHRI GADAG VEERANARAYAN DEV,
SHRI TRIKUTESHWAR DEV
SHRI PRASANNA VENKATARAMAN DEV
SHRI BHELLESHWAR DEV
SHRI LAXMINARAYAN DEV
SHRI UDACHAMMA DEV AND
SHRI GADAG JUMMA MASJID
MANAGEMENT COMMITTEE,
A TRUST REPRESENTED BY ITS CHAIRMAN
DR. KHUSHAL S/O DATTATRAYA GODAKHINDI,
AGE: 67 YEARS, OCC: DOCTOR,
R/O: NEAR HEAD POST OFFICE,
VAKIL CHAWL, GADAG-582101.
TQ AND DIST: GADAG.
....PETITIONER
(BY SRI HARSH DESAI, ADVOCATE)
AND :
1. ANAND S/O MADHAVACHARY GUDI,
AGE: 71 YEARS, OCC: RETIRED,
CLAIMING TO BE HEREDITARY PARICHARAKA AND
PARUPATYAGAR, R/O: AGRAHAAR,
NEAR VEERANARAYAN TEMPLE,
GADAG-582101, TQ AND DIST: GADAG.
2. RAMESH S/O MADHAVACHARYA GUDI,
AGE: 61 YEARS, OCC: BUSINESS,
CLAIMING TO BE HEREDITARY PARICHARAKA AND
PARUPATYAGAR, R/O: AGRAHAAR,
NEAR VEERANARAYAN TEMPLE,
GADAG-582101, TQ AND DIST: GADAG.
3. KRISHNA S/O MADHAVACHARYA GUDI,
AGE: 59 YEARS, OCC: RETIRED,
CLAIMING TO BE HEREDITARY PARICHARAKA AND
PARUPATYAGAR, R/O: AGRAHAAR,
NEAR VEERANARAYAN TEMPLE,
GADAG-582101, TQ AND DIST: GADAG.
:5:
4. VARIJA W/O BADRINARAYANA @ VENKATESH GUDI,
AGE: 59 YEARS, OCC: HOUSEWIFE,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101, TQ AND DIST: GADAG.
5. KUMAR JAYATEERTHA
S/O BADRINARAYANA @ VENKATESH GUDI,
AGE: 13 YEARS, OCC: STUDENT,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101, TQ AND DIST: GADAG.
(SINCE MINOR REP. -
BY NATURAL MOTHER/RESPONDENT NO.4)
6. KUMARI RAMYA D/O.BADRINARAYANA @ VENKATESH GUDI,
AGE: 17 YEARS, OCC: STUDENT,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101, TQ AND DIST: GADAG.
(SINCE MINOR REP BY NATURAL
MOTHER/RESPONDENT NO.4).
7. SUSHMA D/O. MUKUND GUDI,
AGE: 22 YEARS, OCC: STUDENT,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101, TQ AND DIST: GADAG.
8. VARUN S/O MUKUND GUDI,
AGE: 14 YEARS, OCC: STUDENT,
R/O: AGRAHAAR, NEAR VEERANARAYAN TEMPLE,
GADAG-582101, TQ AND DIST: GADAG.
(SINCE MINOR REP. BY NATURAL SISTER R-7).
9. PADMAJA W/O SRINIVAS TADAPTRI,
AGE: 46 YEARS, OCC: ADVOCATE,
NEAR VEERANARAYAN TEMPLE,
GADAG-582101, TQ AND DIST: GADAG,
NOW AT BALLARI COMPOUND, MALAMADDI,
STATION ROAD, DHARWA-580007.
10. PRADYUMNA S/O GOVINDACHAR GUDI,
AGE: 43 YEARS, OCC: ADVOCATE,
R/O: H.NO.1051, AGRAHAR, NEAR VEERANARAYAN
TEMPLE, GADAG-582101.
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11. MADHUSUDAN S/O GOVINDACHAR GUDI,
AGE: 41 YEARS, OCC: PRIVATE SERVICE,
R/O: H.NO.1051, AGRAHAR, NEAR VEERANARAYAN
TEMPLE, GADAG-582101.
12. BALAKRISHNA S/O GOVINDACHAR GUDI
AGE: 40 YEARS, OCC: PRIVATE SERVICE,
R/O: H.NO.1051, AGRAHAR, NEAR VEERANARAYAN
TEMPLE, GADAG-582101.
13. JAYATEERTH S/O GOVINDACHAR GUDI,
AGE: 38 YEARS, OCC: PRIVATE SERVICE,
R/O: H.NO.1051, AGRAHAR, NEAR VEERANARAYAN
TEMPLE, GADAG-582101.
14. VIJAY S/O GOVINDACHAR GUDI,
AGE: 38 YEARS, OCC: PRIVATE SERVICE,
R/O: H.NO.1051, AGRAHAR, NEAR VEERANARAYAN
TEMPLE, GADAG-582101.
.....RESPONDENTS
(BY SRI SUNIL S.DESAI, ADV. FOR RESPONDENT NOS.1 TO 8)
(BY SRI K.L.PATIL, AND SRI S.S.BETURMATH, ADVOCATES FOR
RESPONDENT NOS.9 TO 14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE ORDER DATED:19.01.2018 PASSED
BY COURT OF THE IST ADDITIONAL CIVIL JUDGE AND JMFC AT
GADAG IN E.P. NO.3 OF 2017 AS PER ANNEXURE-J, AND DISMISS
THE E.P.NO.3 OF 2017 WITH COSTS.
THESE PETITIONS ARE COMING ON FOR HEARING ON IA,
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
In these cases an order passed by the executing Court directing the Judgment Debtors to handover the keys of the Decree Holders has been impugned.
2. It is the admitted case of all the counsel that the decree in respect of which the execution has been initiated wherein the impugned order was passed has been stayed in R.A.No.31/2016 and R.A.No.34/2016.
3. In view of the fact that the decree itself has been stayed in R.A.Nos.31 and 34 of 2016, the executing Court would obviously have no jurisdiction to pass any order. In that view of the matter, the writ petitions are dismissed as being unnecessary.
4. It is open for the decree holders or judgment debtors to approach the Appellate Court and seek for such interim relief as may desire.
5. The Appellate Court, if so approached, shall consider the same and pass appropriate orders. :8:
6. It is open for the parties to place reliance on the interim order passed by this Court and seek for relief on that basis.
7. In view of dismissal of the writ petitions, pending applications, if any stand disposed off.
Sd/-
JUDGE CKK