Allowed

Smt. Rekha Murthy v. the State of Karnataka

Karnataka HC12 Jan 2021WP/6987/2020

Case brief

AI extract

What is this about?

In a Writ Petition under Article 226, the High Court of Karnataka, on preliminary hearing, directed the executing Judge to appoint a Survey Department official to conduct a survey of disputed property within four weeks before eliciting a subsequent report to decide on the execution proceedings.

What did the court decide?

Remanded to the Executing Court to appoint a Surveyor for commission of survey and report within four weeks before Summer Vacation 2021.

Smt. Rekha Murthy Vs the State of Karnataka — Execution and Attachment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.6987 OF 2020 (GM-CPC)

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BETWEEN

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SMT. REKHA MURTHY, W/O U R N MURTHY, AGED ABOUT 65 YEARS, NO.22, I ‘B’ MAIN ROAD, ATHMANANDA COLONY, R.T.NAGAR, BANGALORE - 560 032. (SENIOR CITIZEN NOT CLAIMED) REPRESENTED BY GPA HOLDER U R N MURTHY. … PETITIONER (BY SRI. NARAYANA SWAMY P M, ADVOCATE)

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AND

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THE STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE - 560 001.

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THE SPECIAL DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BANGALORE – 560 001.

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M/S KRIPA LIVING ANIMALS (REGD), NO.6, 1ST MAIN, 1ST CROSS, SHESHADRIPURAM, BANGALORE - 560 020. REPRESENTED BY CHAMPALAL C KOTHARI, PRESIDENT AND MANAGING TRUSTEE. … RESPONDENTS

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(BY SRI KIRAN KUMAR, HCGP FOR R1 & R2; SRI. ABHINAV R, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 29.03.2020, ON I.A. U/S 151 OF CPC FILED EXECUTION PETITION NO.25105/2016 IS SHOWED AS ANNX-A, ARISING OUT OF JUDGMENT AND DECREE IN O.S.NO.26623/2008, ON THE FILE OF THE XXVIIITH ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (ANNX-B) AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:

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ORDER

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Both the sides having argued the matter vociferously

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and at length, are now broadly in agreement with the suggestion of this court that the court below shall appoint a competent Surveyor from the Survey Department belonging to the jurisdictional taluka immediately and that the said Surveyor after notice to both the sides, shall accomplish the commission work & submit the commission report within four weeks and further that the learned Judge of the Executing Court shall accomplish the execution proceedings after hearing both the sides on all grounds available in law including the validity & efficacy of the commission report.

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Ordered accordingly.

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Since the decree in execution was made in the suit of the year 2008, learned Judge of the court below is requested to accomplish the execution proceedings before the onset of

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Summer Vacation, 2021 and report compliance to the Registrar General of this Court.

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Sd/JUDGE

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cbc

Smt. Rekha Murthy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Rekha Murthy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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