Karnataka High Court
Smt. Manjamma W/O Burunagouda Bhangi vs Pragati Gramin Bank on 13 February, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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WP No. 100308 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 100308 OF 2023 (GM-CPC)
BETWEEN:
1. SMT.MANJAMMA
W/O. BURUNAGOUDA BHANGI,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. BASAVANNA KYAMP TAVARAGERA,
TQ: KUSHTAGI, DIST: KOPPAL,
PIN-583277.
2 SMT.JAYAMMA W/O. BALAPPA KUSAKALLA,
AGE: 36 YEARS OCC: AGRICULTURE,
R/O. GADDERAHATTI TAVARAGERA,
TQ: KUSHTAGI, DIST: KOPPAL,
PIN-583277.
3 SMT.SAVITRI W/O. BALAPPA KATTIMANI,
AGE: 30 YEARS OCC: AGRICULTURE,
R/O. GOLLAR ONI, KUSHTAGI ,
TQ: KUSHTAGI, DIST: KOPPAL,
PIN-583277.
Digitally signed by
CHANDRASHEKAR
LAXMAN 4 SMT.SHARADAMMA
KATTIMANI
Location: High
W/O. HANUMANTA BANGLAR
Court of Karnataka, AGE: 26 YEARS OCC: AGRICULTURE
Dharwad
R/O. GUDDHANMSAGAR,
TQ: KUSHTAGI, DIST: KOPPAL,
PIN-583277.
....PETITIONERS
(BY SRI D.V.PATTAR AND SRI ANAND R.KOLLI, ADVOCATES)
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WP No. 100308 of 2023
AND
1 PRAGATI GRAMIN BANK,
HEAD OFFICE: BELLARY
BRANCH AT: TAVARAGERA
REPRESENTED BY ITS BRANCH MANAGER
(TUNGABHADRA GRAMIN BANK IS RENAMED AS
PRAGATI GRAMIN BANK AS PER
CENTRAL GOVT. S.NO. 1(2) 2001 RRB DT: 12-09-05)
2 SRI.HANAMAGOUDA
S/O. HIRE YAMANAGOUDA KATTIMANI @ GOLLAR
DEAD BY HIS LRS
2(A) SMT.RENUKAMMA
W/O. HANAMAGOUDA KATTIMANI @ GOLLAR
AGE: 45 YEARS, OCC: AGRICULTURE
R/O. BASAVANNA-CAMP, TAVARAGERA,
TQ: KUSHTAGI, DIST: KOPPAL.
PIN-583277
2(B) SRI.YAMANAGOUDA
S/O. HANAMAGOUDA KATTIMANI @ GOLLAR
AGE: 25 YEARS, OCC: AGRICULTURE
R/O. BASAVANNA-CAMP
TAVARAGERA, TQ: KUSHTAGI,
DIST: KOPPAL.
PIN-583277
2(C) SRI.SHIVARAJGOUDA
S/O. HANAMAGOUDA KATTIMANI @ GOLLAR
AGE: 19 YEARS, OCC: AGRICULTURE
R/O. BASAVANNA-CAMP, TAVARAGERA,
TQ: KUSHTAGI, DIST: KOPPAL.
PIN-583277
2(D) SRI.HANUMESHGOUDA
S/O. HANAMAGOUDA KATTIMANI @ GOLLAR
AGE: 12 YEARS, (MINOR) OCC: NIL
R/O. BASAVANNA-CAMP, TAVARAGERA,
TQ: KUSHTAGI, DIST: KOPPAL.
PIN-583277
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WP No. 100308 of 2023
NOTE: U/G OF HIS NATURAL MOTHER
SMT.RENUKAMMA
W/O. HANAMAGOUDA KATTIMANI @ GOLLAR,
45 YEARS, OCC: AGRICULTURE,
R/O. BASAVANNA-CAMP, TAVARAGERA,
TQ: KUSHTAGI.
3 SRI. VEERABHADRAPPA
S/O. GUNDAPPA NALATWAD
AGE: 50 YEARS, OCC: BUSINESS AND AGRICULTURE
R/O. TAVARAGERA, TQ: KUSHTAGI,
DIST: KOPPAL PIN-583277
4. KALAKANGOUDA
S/O.MALLIKRAJUNGOUDA POLICE PATIL,
AGED ABOUT 33 YEARS, OCC-ADVOCATE,
R/O.VITHALAPUR WARDS NO.18,
TAVARAGERA, TAL-KUSHTAGI,
DIST-KOPPAL-583277.
...RESPONDENTS
(BY SRI A.P. KAMOJI, ADVOCATE FOR RESPONDENT NO.1)
(NOTICE TO RESPONDENT NOS.2A TO 2D AND 3 -SERVED)
(BY SRI ADVIND D.KULKARNI, ADVOCATE FOR RESPONDENT
NO.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF NATURE OF CERTIORARI QUASHING THE
IMPUGNED ORDER DATED 06.01.2023 IN Ex.P. NO.77/2015
PASSED BY THE HON'BLE SENIOR CIVIL JUDGE AND JMFC
KUSHTAGI MARKET AS ANNEXURE-E IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 100308 of 2023
ORDER
In this petition, the petitioners seek quashing of the impugned order dated 06.01.2023 passed in Execution Petition No.77/2015 by the Senior Civil Judge and JMFC, Kushtagi.
2. Heard learned counsel for the petitioners and learned counsel for respondent Nos.1, 2A to 2D, 3 and 4 and perused the material on record.
3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that the application/I.A.No.V for impleadment filed by the petitioners in Ex.P.No.77/2015 is still pending adjudication, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose off this petition without interfering with the impugned order dated 06.01.2023 and directing the executing Court to consider and pass appropriate orders on the impleadment application -5- WP No. 100308 of 2023 I.A.No.V filed by the petitioners herein after hearing all parties in accordance with law.
4. I.A.No.2/2023 is filed by the petitioners seeking permission to deposit the sum of Rs.3,00,000/- as directed by this Court before the executing Court. Accepting the reasons stated in the application, I.A.No.2/2023 is disposed off permitting the petitioners to deposit the aforesaid sum before the executing Court on the next date of hearing before the executing Court.
5. In the result, I pass the following :
ORDER
(i) Petition is hereby disposed off without interfering with the impugned order dated
06.01.2023 passed in Ex.P.No.77/2015 by the Senior Civil Judge and JMFC, Kushtagi.
(ii) Trial Court/Executing Court is directed to consider and dispose off I.A.No.V filed by the petitioners for impleadment after hearing all parties in accordance with law as expeditiously as possible.
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(iii) I.A.No.2/2023 filed by the petitioners in the present is allowed and the petitioners are permitted to deposit Rs.3,00,000/- before the executing Court on the next hearing date of the executing petition, which stands posted on 16.02.2023 and proceed in accordance with law.
Sd/-
JUDGE CKK