Smt Renukamma vs Sri R Gangadhar on 28 August, 2013

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Karnataka High Court

Smt Renukamma vs Sri R Gangadhar on 28 August, 2013

Bench: H.G.Ramesh

                             -1-
                                     WP.No.37424/2013


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 28TH DAY OF AUGUST 2013

                       BEFORE

         THE HON'BLE MR. JUSTICE H.G.RAMESH

       WRIT PETITION No.37424/2013 (GM-CPC)
BETWEEN:

1.     SMT. RENUKAMMA
       W/O KRISHNAMURTHY
       AGED ABOUT 49 YEARS
       OCC: HOUSEWIFE

2.     S.KRISHNAMURTHY
       S/O SIDDAPPA
       AGED ABOUT 56 YEARS

BOTH ARE RESIDING AT
4TH CROSS, RIGHT SIDE
N.M.C. HOSAMANE
BHADRAVATI
SHIVAMOGGA DISTRICT - 577 301         ... PETITIONERS

(BY SRI PRUTHVI WODEYAR, ADVOCATE)

AND:

SRI R. GANGADHAR
S/O RANGAPPA
AGED ABOUT 56 YEARS
RETD. K.E.B. EMPLOYEE
R/O NEAR BHAVANI MEDICALS
LINGAYAT BEEDI
JANNAPURA, BHADRAVATI
SHIVAMOGGA DISTRICT - 577 301        ... RESPONDENT

     WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 8.7.2013 PASSED ON I.A.NO.4 UNDER ORDER 21 RULE
29 R/W SECTION 151 OF CPC AND ORDER DATED 27.7.2013
IN EX.13/2012 BY THE COURT OF SENIOR CIVIL JUDGE,
BHADRAVATHI VIDE ANNEXURE-G.
                              -2-
                                             WP.No.37424/2013


      WP COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

H.G.RAMESH, J. (Oral):

Heard. Perused the impugned order. This writ petition by the judgment debtors is directed against an interlocutory order dated 8.7.2013 passed by the Executing Court in Ex.No.13/2012 dismissing I.A.No.4 filed by petitioner no.1 herein under Order 21 Rule 29 of the CPC to stay the aforesaid execution proceeding till the disposal of the suit in O.S.No.37/2012 pending before the Court of the Senior Civil Judge, Bhadravathi.

2. As could be seen from para 6 of the impugned order, the aforesaid execution case is filed for recovery of arrears of rent, interest, costs and other charges to the tune of Rs.1,05,153/- in terms of the decree made in the suit in O.S.No.278/2008, which came to be affirmed in the appeal in R.A.No.37/2010. The matter was carried further to this Court in -3- WP.No.37424/2013 R.S.A.No.2421/2011 and in the said appeal, the judgment debtors agreed to vacate the suit premises within one year from 1.5.2012 and to pay Rs.1,000/- per month from 1.5.2012 to 30.4.2013 etc.

3. In my opinion, having regard to the facts of the case, there is no ground for stay of the execution proceeding. The application for stay is filed only to drag on the execution proceeding. The impugned order is in conformity with the law laid down by this Court in Sundra Bai & Others vs. Smt. Sonubai [(2004) 2 KCCR 1305]. The writ petition is accordingly dismissed. The Executing Court is directed to dispose of the aforesaid execution proceeding in Ex.No.13/2012 expeditiously by strictly avoiding unnecessary adjournments in the matter.

Petition dismissed.

Sd/-

JUDGE hkh.

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