This order disposes of three infructuous writ petitions filed under Articles 226 and 227 of the Constitution to quash orders in execution petitions. The High Court held that since the underlying execution petitions were disposed of prior to the filing of writ petitions, the writ petitions do not survive.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 13TH DAY OF MARCH, 2019
BEFORE
THE HON’BLE MR. JUSTICE G. NARENDAR WRIT PETITION NO.60857 OF 2012 (GM-CPC)
C/W
WRIT PETITION NO.60856 OF 2012 (GM-CPC) AND
WRIT PETITION NO.60858 OF 2012 (GM-CPC)
IN WRIT PETITION NO.60857 OF 2012
BETWEEN
BHARAMAPPA S/O. JANAGAPPA JOGI, AGE: 48 YEARS, OCC: CONTRACTOR, R/O: YARAGATTI, TQ: SAUNDATTI, DIST: BELGAUM.
... PETITIONER
(BY SRI. SADIQ N GOODWALA, ADVOCATE)
AND
... RESPONDENTS
(BY SRI. K. ANANDKUMAR, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
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THE ORDER DATED:22/12/2011 PASSED BY THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND ADDITIONAL MACT AT SAUNDATTI IN EXECUTION PETITION NO.329/2010 VIDE ANNEXURE-B.
IN WRIT PETITION NO.60856 OF 2012
BETWEEN
BHARAMAPPA S/O. JANAGAPPA JOGI, AGE: 48 YEARS, OCC: CONTRACTOR, R/O: YARAGATTI, TQ: SAUNDATTI, DIST: BELGAUM.
... PETITIONER
(BY SRI. SADIQ N GOODWALA, ADVOCATE)
AND
... RESPONDENTS
(BY SRI. K ANANDKUMAR, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:22/12/2011 PASSED BY THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND ADDITIONAL MACT AT SAUNDATTI IN EXECUTION PETITION NO.331/2010 VIDE ANNEXURE-B.
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IN WRIT PETITION NO.60858 OF 2012 BETWEEN BHARAMAPPA S/O. JANAGAPPA JOGI, AGE: MAJOR, OCC: CONTRACTOR, R/O: YARAGATTI, TQ: SAUNDATTI, DIST: BELGAUM.
... PETITIONER
(BY SRI. SADIQ N GOODWALA, ADVOCATE) AND
(BY SRI. K ANANDKUMAR, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:22/12/2011 AND 19/01/2012 PASSED BY THE PRINCIPAL JUDGE (SR.DN.) ADDITIONAL MACT SAUNDATTI, IN EXECUTION PETITION NO.330/2010 VIDE ANNEXURE-B.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for petitioner and the learned counsel for respondents.
Sd/JUDGE
yan
2 issues framed by the court
Whether writ petitions challenging execution orders survive for consideration when the underlying execution petitions have been disposed of.
Whether writ petitions are rendered infructuous when the lower court executing the judgments has already disposed of the execution petitions.
BHARAMAPPA S/O. JANAGAPPA JOGI
SIDDAPPA S/O. LAXMAN TAPASHI
SMT. YALLAWWA S/O. SIDDAPPA TAPASHI
KUMAR. TUKARAM S/O. SIDDAPPA TAPASHI
KUMAR. LAKSHAMAN S/O. SIDDAPPA TAPASHI
SHOBHA W/O. ASHOK MURAKUMBI
G. NARENDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
