A writ petition filed under Article 227 to set aside an attachment warrant was disposed of as infructuous because the underlying execution proceedings were dismissed on 10.10.2019.
The petition was 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.30032/2018
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. 30032/2018(GM-CPC)
BETWEEN :
JAYANNA S/O HANUMAIAH AGED ABOUT 37 YEARS RESIDING AT VAJARAHALLI VILLAGE RAMANAGAR TALUK, BIDADI HOBLI RAMANAGARA DISTRICT – 562 109 … PETITIONER (BY SRI. B.VIJAY SHETTY, ADV.)
AND :
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
W.P.No.30032/2018
2
THE ISSUANCE OF ATTACHMENT WARRANT OF MOVABLES ONLY AGAINST THE PETITIONER HEREIN DATED 16.09.2017 AND ALSO ON SUBSEQUENT DATES, WITHOUT ISSUING THE ATTACHMENT WARRANT TO RESPONDENT NO.2 IN EXECUTION NO.16/2016 WHICH IS PENDING BEFORE THE HON’BLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, VIDE ANNEXURE – A AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCING, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed against interim order dated 16.09.2017 passed in Execution No.16/2016. The case status report submitted by the Registry shows that Execution No.16/2016 itself is dismissed on 10.10.2019.
Therefore, this petition has become infructuous and disposed of accordingly.
Sd/-
JUDGE
KG
1 issue framed by the court
Whether a writ petition challenging an attachment warrant is maintainable when the underlying execution proceeding has been dismissed.
2 provisions across 1 enactments
Jayanna S/o Hanumaiah
M/s Hinduja Leyland Finance Ltd.
Mr. Naveen B.K.
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
