Shabbir Ahamed S/O Late Pacha Sab vs Syed Jaffar Meldari @ S.A.Medari on 6 September, 2013

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Karnataka High Court

Shabbir Ahamed S/O Late Pacha Sab vs Syed Jaffar Meldari @ S.A.Medari on 6 September, 2013

Bench: A.N.Venugopala Gowda

                            :1:




          IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 06TH DAY OF SEPTEMBER, 2013

                          BEFORE

THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

   WRIT PETITION No.67012 OF 2009 [GM-CPC]

  BETWEEN:

       SHABBIR AHAMED S/O LATE PACHA SAB
       AGE: ABOUT 65 YEARS,
       R/O H.DIVISION, 449,
       NEAR MAHARASHTRA BANK,
       M.K.ROAD, GANDHI NAGAR, HARIHAR.
                                        ... PETITIONER
  (By Sri.VINAY S.KOUJALGI ADV. FOR
        SRI. V M SHEELVANT ADV.)

  AND:

  1.     SYED JAFFAR MELDARI @ S.A.MEDARI
         S/O ABDUL GAFFAR MELDARI
         AGE 67 YEARS, OCC: AGRIL,
         R/O TEGGINAKERE, HARIHARA.

  2.     SHRI. MUDAKAPPA
         S/O BHEEMAPPA MANNUR,
         AGE 70 YEARS, OCC: AGRIL,
         R/O THIMMAPUR GRAM,
         TQ & DIST: HAVERI.
                                       ... RESPONDENTS
  (By Sri. M M NAIKWADI ADV.)
                             :2:




      THIS WRIT PETITION IS FILED UNDER
ARTICLES 226 & 227 OF CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DTD. 4/11/2009 IN
I.A.NO.5 OF EXECUTION NO.8/2008 PASSED BY THE CIVIL
JUDGE(SR.DN) AND PRL JMFC RANEBENNUR PRODUCED A
ANNEXURE-F.

      This writ petition coming on for Preliminary
Hearing in 'B' group this day, the Court made the
following:-

                       O R D E R

Sri. M.M.Naikwadi, learned advocate for the respondents submitted that the writ petition may be dismissed, since, in Execution Case No.8/2008, possession was delivered and the case was closed by recording full satisfaction.

2. Judgment Debtor in Execution Case No.8/2008 on the file of the Civil Judge (Sr.Dn.), Ranebennur is the petitioner. Petition was instituted as against an order dated 04.11.2009 passed on IA-V by the execution Court. On 04.11.2009, execution court appointed an advocate as Commissioner to execute the sale :3: deed as per the decree passed in O.S. No.130/2003. Since, the Commission warrant issued on 26.11.2009 and as per the statement made by Sri.M.M.Naikwadi, Commission warrant has been executed and the execution case has been closed by recording full satisfaction, the writ petition does not survive for consideration.

Ordered accordingly. No costs.

SD/-

JUDGE Ct:byg/-

RK/-

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