Sri Paramesh vs Sri Sunil Kumar

Type Court Judgment Court Karnataka Orders Decided Jan 31, 2024

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Citation: sooperkanoon.com/1883961
Court: Karnataka Orders High Court
Judge: M G UMA
Decided On: Jan 31, 2024
Case Number: WP/56195/2017

Parties & Advocates

Appellant / Petitioner

Sri Paramesh

Respondent

Sri Sunil Kumar

Excerpt

.....at ward no.12, 14th main, 3rd cross, santha shishunala shariff road, hemavathi nagar, hassan - 573 201. …petitioners (by sri: p.b. raju & p.s. jadadish, advocates for p1(a to c)) -2- and: sri. sunil kumar s/o. sri. lakshme gowda, aged about 30 years, r/o. rangoli halla, besides bramhakumari samaja, hassan …respondent (by sri: j.t. rajan, advocate) this writ petition is filed under article 227 of theconstitution of india praying to call for the records in execution case no.165/2014, on the file of the i addl. senior civil judge at hassan, vide orders dtd.18.11.2017, passed on i.a.no.7. quash the order dtd.11.10.2017 and issuance of the delivery warrant issued in execution case no.165/2014, on the file of the i addl. senior civil judge at hassan and further to direct the i addl. senior civil judge, hassan and stay the execution proceedings until the disposal of i.a.no.7 filed by the applicant herein and etc.,this petition, coming on for preliminary hearing - b group, this day, the court made the following:orderlearned counsel for the petitioners and respondent are present. learned counsel for the respondent/decree holder submits that pursuant to the impugned order dated 11.10.2017, the decree holder has already taken possession of the property by demolishing the compound wall by breaking open the lock with the help of police. -3- the order sheet dated 18.11.2017 of the executing court discloses that taking possession has already been reported to the court and the same is recorded. under such circumstances, the writ petition has rendered infructuous. accordingly, petition is dismissed as having rendered infructuous. sd/- judge bh list no.: 1 sl no.: 10

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 56195 OF 2017 (GM-CPC) BETWEEN:
1. SRI. PARAMESH S/O. LATE SRI. RANGE GOWDA, AGED ABOUT 46 YEARS, C/O. H.C. THIMME GOWDA, DOOR NO.1889, 6TH CROSS, ADARSH NAGARA, HASSAN SINCE DISEASED BY LRS

1(A) SMT. AMRUTHA H.T. W/O. LATE SRI. PARAMESH, AGED ABOUT 35 YEARS, 1(B) KUM. SONIKA .P., D/O. LATE SRI. PARAMESH, AGED ABOUT 14 YEARS, 1(C) SRI. THILAK P. GOWDA, Digitally S/O. LATE SRI. PARAMESH, signed by AGED ABOUT 11 YEARS, PAVITHRA N Location: high court of NO.1(B) AND 1(C) ARE MINORS karnataka REPRESENTED BY MOTHER PETITIONER NO.1(A)

ALL ARE RESIDING AT WARD NO.12, 14TH MAIN, 3RD CROSS, SANTHA SHISHUNALA SHARIFF ROAD, HEMAVATHI NAGAR, HASSAN - 573 201. …PETITIONERS (BY SRI: P.B. RAJU & P.S. JADADISH, ADVOCATES FOR P1(A TO C)) -2- AND: SRI. SUNIL KUMAR S/O. SRI. LAKSHME GOWDA, AGED ABOUT 30 YEARS, R/O. RANGOLI HALLA, BESIDES BRAMHAKUMARI SAMAJA, HASSAN …RESPONDENT (BY SRI: J.T. RAJAN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EXECUTION CASE NO.165/2014, ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AT HASSAN, VIDE ORDERS DTD.18.11.2017, PASSED ON I.A.NO.7. QUASH THE ORDER DTD.11.10.2017 AND ISSUANCE OF THE DELIVERY WARRANT ISSUED IN EXECUTION CASE NO.165/2014, ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AT HASSAN AND FURTHER TO DIRECT THE I ADDL. SENIOR CIVIL JUDGE, HASSAN AND STAY THE EXECUTION PROCEEDINGS UNTIL THE DISPOSAL OF I.A.NO.7 FILED BY THE APPLICANT HEREIN AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned counsel for the petitioners and respondent are present. Learned counsel for the respondent/decree holder submits that pursuant to the impugned order dated 11.10.2017, the decree holder has already taken possession of the property by demolishing the compound wall by breaking open the lock with the help of police. -3- The order sheet dated 18.11.2017 of the executing Court discloses that taking possession has already been reported to the Court and the same is recorded. Under such circumstances, the writ petition has rendered infructuous. Accordingly, petition is dismissed as having rendered infructuous. Sd/- JUDGE BH List No.: 1 Sl No.: 10

Same Court & Year Karnataka Orders · 2024 Same Parties Sri Paramesh vs Sri Sunil Kumar Same Judge M G UMA