Petitioners filed a writ petition under Article 226 challenging an interim order in execution proceedings. The court observed that the underlying execution matter (Ex. 81/2008) was disposed of as fully satisfied on 16.01.2020, rendering the writ petition infructuous.
This writ petition has been disposed of as infructuous.
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.
W.P.No.14163/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
WRIT PETITION NO.14163/2018 (GM-CPC)
BETWEEN :
… PETITIONERS
[BY SRI.HAREESH BHANDARY T., ADV. (ABSENT)]
AND :
W.P.No.14163/2018
2
a) BIBIJAN W/O LATE DADAPEER AGED ABOUT 60 YEARS SIR ISMAIL NAGAR BEEDI LAYOUT BASHA NAGAR DAVANAGERE-577 002
b) MUMTAZBI W/O MAHABOOK KHAN AGED ABOUT 58 YEARS AJJAMPURA TARIKERE TALUK CHIKKAMAGALUR TALUK-577 228
c) HAMIDABI W/O JALANI SAB AGED ABOUT 56 YEARS IMAM NAGAR BETHUR ROAD DAVANAGERE-577 002
d) JABUDABANU @ JABEEDABI W/O MOHAMMED HUSSAIN SAB AGED ABOUT 56 YEARS BYPASS HOSTEL KUDLIGI – 583 135
e) SHAIK DADA KHALENDER S/O SHEIKH BASHA SAB AGED ABOUT 52 YEARS IMAM NAGAR WORKSHIP BUSINESS BETHUR ROAD DAVANAGERE – 577 002
W.P.No.14163/2018
3
g) NOORJANBI W/O SYED AHAMED AGED ABOUT 42 YEARS IMAM NAGAR NEAR ZANDEKATTE DAVANAGERE-577 002
h) CHANDBI W/O MASTAN AGED ABOUT 30 YEARS JALINAGAR MAIN ROAD DAVANAGERE-577 002
i) SHEIKH NASEER S/O SHEIKH BASHA SAB AGED ABOUT 38 YEARS WORKSHIP BUSINESS IMAMNAGAR BETHUR ROAD DAVANAGERE
W.P.No.14163/2018
4
NEAR SUMI JAMIYA KHADI MAHAL MALLEBENNUR HARIHARA TALUK – 577 601
(BY SRI. S.B.HALLI, ADV. FOR R1(A, B, E, G, H AND I); R1(C) AND R1(D) ARE SERVED; V/O DATED 15.06.2018 NOTICE TO R2 TO R7 IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA QUASH THE IMPUGNED ORDER ANNEXURE–A DATED 02.03.2018 MADE ON I.A.VIII IN EX.NO.81/2008 BY THE COURT OF ADDITIONAL CIVIL JUDGE AT DAVANAGERE.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
W.P.No.14163/2018
5
O R D E R
Sri. S.B.Halli, learned counsel for the contesting respondents has submitted memo along with the order sheet of the Trial Court.
Therefore, this petition has become infructuous and disposed of accordingly.
Sd/-
JUDGE
KG
1 issue framed by the court
Whether the writ petition challenging an order in execution proceedings should be allowed when the underlying execution matter is already fully satisfied.
Sri B. Sikandar
Sri B. Sadik
Sri B. Shanu
FBibijan
Smt Fareeda B
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
