The High Court disposed of the writ petition praying for expeditious execution of a decree. Notice to respondents was dispensed with. The court directed the lower court to complete execution within one year, keeping contentions open.
Directed the lower court to complete execution proceedings expeditiously, preferably within one year.
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 AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.371 OF 2021 (GM-CPC)
BETWEEN:
SMT K S SUMANGALA, AGED ABOUT 53 YEARS, WIFE OF T.S. NAGARAJ, THIMMASANDRA VILLAGE, KASABA HOBLI MAGADI POST AND TALUK, RAMANAGARA-562120. ...PETITIONER (BY SRI. V B SHIVA KUMAR, ADVOCATE)
AND:
1 . SRI M R BHARATH KUMAR, AGED ABOUT 55 YEARS, SON OF M.S. RAMASHETTY, NO.385, 5TH ‘A’ CROSS, 8TH MAIN ROAD, BEML EXTENSION, TOOBARAHALLI, BENGALURU-560066.
2 . SMT. V MANJULA, AGED ABOUT 50 YEARS, W/O SRI RAVINDRA, NO.471, M.S.EXTENSION, 2ND STAGE, CHANNANAYAKANAPALYA, NAGASANDRA POST, BENGALURU-560073. 3 . SRI RAVINDRA, AGED ABOUT 51 YEARS, HUDBAND OF V.MANJULA, S/O DODDEGOWDA, NO.471, M.S.EXTENSION, 2ND STAGE, CHANNANAYAKANAPALYA, NAGASANDRA POST, BENGALURU-560073. … …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH; V.C.O DATED 11/01/2021)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE II ADDL. CIVIL JUDGE, (SENIOR DIVISION), BENGALURU RURAL DISTRICT, BENGLAURU IN EX.CASE NO.72/2019 TO ORDER DIRECTING, ENFORCING THE DECREE UNDER EXECUTED GRANTED BY IT IN O.S.NO.1662/2015 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner being the decree holder in Execution
No.72/2019, is knocking at the doors of writ court for seeking a direction for expeditious disposal thereof.
2. Notice to respondents is dispensed with since
prayer in the Petition is innocuous and that it is open to the respondents to resist the execution with all grounds available to them in law in the court below.
Article 21 of the Constitution of India by the Apex Court time & again.
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In the above circumstances, this Writ Petition is
disposed off requesting the learned Judge of the court below to accomplish the Execution proceedings expeditiously, and preferably within an outer limit of one year.
All contentions of the parties are kept open.
Sd/JUDGE
cbc
2 issues framed by the court
Whether a writ court should direct the lower court to dispose of execution proceedings expeditiously.
Whether notice to respondents can be dispensed with when the prayer is innocuous.
1 provisions across 1 enactments
Smt K S Sumangala
Sri M R Bharath Kumar
Smt. V Manjula
Sri Ravindra
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
