The court disposed of a writ petition filed to quash orders in execution proceedings initiated under a civil decree. The petitioners surrendered the writ petition as a final decree proceeding (FDP No.12/2014) covering the same subject matter was pending.
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 10TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.48520 OF 2016 (GM-CPC)
BETWEEN :
(BY SHRI. AJITH KALYAN, ADVOCATE)
AND :
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(BY SHRI. KRISHNA S. VYAS, ADVOCATE FOR R1; SHRI. S.B. KRISHNA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDERS PASSED ON I.A. FILED UNDER SECTION 151 AND ORDER XXI OF THE CODE OF CIVIL PROCEDURE DTD.09.08.2016 IN EX.NO.23/2014 BY THE COURT OF PRINCIPAL CIVIL JUDGE & JMFC, KADUR VIDE ANNEX-A AND FOR ALLOWING THE SAID APPLICATION.
THIS WRIT PETITION COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri Ajit Kalyan, learned advocate for petitioners, Shri Krishna S.Vyas, learned advocate for respondent No.1 and Shri S.B.Krishna, learned advocate for respondent No.2.
Civil Judge (Sr.Dn.), Kadur.
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writ petition and it is accordingly disposed of .
No costs.
Sd/JUDGE
Yn.
2 issues framed by the court
Whether to allow or dismiss a writ petition filed to quash orders in execution proceedings when a final decree proceeding is pending.
Whether to allow immediate execution when a pending FDP covers the same subject matter.
Smt. T.K. Indumathi w/o Late T.V.Krishna Murthy & Sri. T.K. Venkatesh Prasad
Kumari. Rajatha
Sri. T.K. Satish Chandra
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
