Karnataka High Court
Abdul Khader Jeelan vs Mr. Osman Harun Hussain on 21 June, 2024
-1-
NC: 2024:KHC:22445
WP No. 15053 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 15053 OF 2024 (GM-CPC)
BETWEEN:
1. ABDUL KHADER JEELAN,
S/O K M HUSSAIN,
AGED ABOUT 36 YEARS,
RESIDING AT NO. 116, 1st CROSS,
RAMAKRISHNA GARDENS,
PRATHAMESH APARTMENTS,
RMV 2nd STAGE, NEW BEL ROAD,
BENGALURU -560 012.
PETITIONER
(BY SRI. SHRI NARIAN JHA., ADVOCATE FOR SRI. ABHIJIT
VERMA)
AND:
Digitally
signed by V 1. MR. OSMAN HARUN HUSSAIN,
MANJUSHA
BAI S/O LATE K M HUSSAIN,
Location: AGED ABOUT 45 YEARS,
High Court of
Karnataka RESIDING AT NO. 116, 1st CROSS,
RAMAKRISHNA GARDENS,
PRATHAMESH APARTMENTS,
RMV 2nd STAGE, NEW BEL ROAD,
BENGALURU - 560 012.
2. MEENA UMACHANDER,
W/O S. UMACHANDER,
AGED ABOUT 64 YEARS,
RESIDING AT N.S.R BUILDING,
-2-
NC: 2024:KHC:22445
WP No. 15053 of 2024
BEHIND BHARATH PETROLEUM,
NO.244, M C ROAD, AMBUR
TAMIL NADU - 635 802.
3. HUSSAIN MUEEN FAROOQ,
S/O K M HUSSAIN,
AGED ABOUT 49 YEARS,
RESIDING AT NO. 27/4,
SUMIT APARTMENT,,
BPH-4 SANKEY ROAD,
BENGALURU - 560 003.
RESPONDENTS
(BY SRI. R. HEMANTH RAJ., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLE 227 PRAYING TO SET
ASIDE THE EXECUTION PROCEEDING EX. NO.1797 OF 2014
PENDING BEFORE THE HONBLE X ADDL. CITY CIVIL AND
SESSION JUDGE AT BENGALURU (CCH-26) AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri. R. Hemanth Raj, learned counsel accepts notice for respondent No.2.
2. Respondent No.2 has filed OS.No.1343/2011 and obtained a decree for ejecting the defendant herein. In pursuance of the same she filed EX.No.1797/2014.
3. The petitioner herein field an application as an obstructor in the execution proceedings under Order 21 rule 97, 98 and 102 of C.P.C,. Before the said application could be -3- NC: 2024:KHC:22445 WP No. 15053 of 2024 decided by the executing Court the petitioner has filed the instant writ petition with the following prayers.
"a) To set aside the execution proceeding in EX.No.1797 of 2014 pending before the Hon'ble X Addl. City Civil and Sessions Judge at Bengaluru, (CCH-26) (Annexure- F);
b) To grant the costs of the suit; and
c) To grant such other order or orders as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case together with cost, in the interest of justice and equity."
4. In the course of arguments, it is submitted that the obstructor application filed by the petitioner herein in Ex.No.1797/2014 has been dismissed on 12.06.2024.
5. An executing Court cannot go beyond the decree and in case somebody files an application as an obstructor, the executing Court is required to consider the same and pass the orders in accordance with law. In the instance case the decree holder/respondent No.2 herein has filed Ex.No.1797/2014 with a view to enforce the decree passed in OS.No.1343/2011 and upon the application made by the petitioner herein as an obstructor, the same has been dismissed by the executing Court. If the petitioner is aggrieved by the said order of the -4- NC: 2024:KHC:22445 WP No. 15053 of 2024 executing Court, he is always at liberty to challenge the same in the manner known to law. He cannot maintain the instant writ petition for the relief prayed by him as mentioned in para No.3 supra.
6. For the aforementioned reasons, the writ petition is hereby dismissed.
Sd/-
JUDGE PNV List No.: 1 Sl No.: 41