Karnataka High Court
Sri Lakshmi Narayana R vs Smt. H P Sukanya on 23 October, 2018
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WP.No.42846/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER 2018
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
WRIT PETITION No.42846/2018 (GM-CPC)
BETWEEN:
SRI LAKSHMI NARAYANA.R
S/O LATE PURI RAMANNA
AGED ABOUT 65 YEARS
RESIDING EARLIER AT
NO.1-364, NOW R/AT 4/41
SRIRAMA BLOCK
K.R.NAGAR TOWN - 571 602 ... PETITIONER
(BY SRI N.NANJUNDA SWAMY, ADVOCATE)
AND:
1. SMT. H.P.SUKANYA
W/O LATE TILAK PRASAD
AGED ABOUT 45 YEARS
2. KUM. PRIYANKA PRASAD
D/O LATE T.N.TILAK PRASAD
AGED ABOUT 23 YEARS
3. SRI HARSHAPRASAD
S/O LATE T.N.TILAK PRASAD
AGED ABOUT 20 YEARS
ALL ARE RESIDING AT TIPPUR VILLAGE
KASABA HOBLI, K.R.NAGARA TALUK
MYSURU DISTRICT - 571 602 ... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH
THE ORDER DATED 23.07.2018 (ANNEXURE-K) PASSED BY THE
COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC, K.R.NAGARA
ON INTERIM APPLICATION FILED UNDER ORDER XXI RULE 26
READ WITH SECTION 151 OF CPC IN EX.NO.94/2016 ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP.No.42846/2018
ORDER
H.G.RAMESH, J. (Oral):
Learned counsel appearing for the petitioner/ judgment debtor no.1 submits that the legal provision was wrongly stated in the application filed by judgment debtor no.1 and that the petitioner's Advocate had also remained absent before the Court when the application was considered. Hence, he seeks leave to withdraw the writ petition with liberty to the petitioner to file an application under Order 21 Rule 29 of CPC before the Executing Court in Ex.No.94/2016. In the interest of justice, leave and liberty sought for is granted. If an application is filed by the petitioner under Order 21 Rule 29 of CPC within a week from today, the Executing Court shall consider the same in the light of the law laid down by this Court in Smt. Sundra Bai and Others vs Smt. Sonubai [ILR 2004 KAR 1558] and without being influenced by the order dated 23.07.2018 impugned herein.
Petition disposed of.
Sd/-
JUDGE hkh.