Disposed

Smt. Manjamma W/O Burunagouda Bhangi v. Pragati Gramin Bank

Karnataka HC13 Feb 2023WP/100308/2023

Case brief

AI extract

What is this about?

Petitioners filed a writ petition quashing an order in an execution proceeding. The Court stayed interference with the impugned order due to a pending impleadment application and permitted deposit of funds per an interlocutory order.

What did the court decide?

Petition disposed of without interfering with impugned order; directing trial court to consider impleadment application; I.A. 2/2023 allowed permitting deposit of Rs. 3,00,000/-.

Smt. Manjamma W/O Burunagouda Bhangi Vs Pragati… — Execution and Attachment | Karnataka HC (2023)

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WP No. 100308 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO. 100308 OF 2023 (GM-CPC)

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BETWEEN:

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SMT.MANJAMMA W/O. BURUNAGOUDA BHANGI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. BASAVANNA KYAMP TAVARAGERA, TQ: KUSHTAGI, DIST: KOPPAL, PIN-583277.

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2 SMT.JAYAMMA W/O. BALAPPA KUSAKALLA, AGE: 36 YEARS OCC: AGRICULTURE, R/O. GADDERAHATTI TAVARAGERA, TQ: KUSHTAGI, DIST: KOPPAL, PIN-583277.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad

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3 SMT.SAVITRI W/O. BALAPPA KATTIMANI, AGE: 30 YEARS OCC: AGRICULTURE, R/O. GOLLAR ONI, KUSHTAGI , TQ: KUSHTAGI, DIST: KOPPAL, PIN-583277.

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4 SMT.SHARADAMMA W/O. HANUMANTA BANGLAR AGE: 26 YEARS OCC: AGRICULTURE R/O. GUDDHANMSAGAR, TQ: KUSHTAGI, DIST: KOPPAL, PIN-583277.

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….PETITIONERS (BY SRI D.V.PATTAR AND SRI ANAND R.KOLLI, ADVOCATES)

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WP No. 100308 of 2023

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AND

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1 PRAGATI GRAMIN BANK, HEAD OFFICE: BELLARY BRANCH AT: TAVARAGERA REPRESENTED BY ITS BRANCH MANAGER (TUNGABHADRA GRAMIN BANK IS RENAMED AS PRAGATI GRAMIN BANK AS PER CENTRAL GOVT. S.NO. 1(2) 2001 RRB DT: 12-09-05)

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2 SRI.HANAMAGOUDA S/O. HIRE YAMANAGOUDA KATTIMANI @ GOLLAR DEAD BY HIS LRS

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2(A) SMT.RENUKAMMA W/O. HANAMAGOUDA KATTIMANI @ GOLLAR

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AGE: 45 YEARS, OCC: AGRICULTURE R/O. BASAVANNA-CAMP, TAVARAGERA, TQ: KUSHTAGI, DIST: KOPPAL. PIN-583277

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2(B) SRI.YAMANAGOUDA S/O. HANAMAGOUDA KATTIMANI @ GOLLAR AGE: 25 YEARS, OCC: AGRICULTURE R/O. BASAVANNA-CAMP TAVARAGERA, TQ: KUSHTAGI, DIST: KOPPAL. PIN-583277

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2(C) SRI.SHIVARAJGOUDA S/O. HANAMAGOUDA KATTIMANI @ GOLLAR AGE: 19 YEARS, OCC: AGRICULTURE R/O. BASAVANNA-CAMP, TAVARAGERA, TQ: KUSHTAGI, DIST: KOPPAL. PIN-583277

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2(D) SRI.HANUMESHGOUDA S/O. HANAMAGOUDA KATTIMANI @ GOLLAR AGE: 12 YEARS, (MINOR) OCC: NIL R/O. BASAVANNA-CAMP, TAVARAGERA, TQ: KUSHTAGI, DIST: KOPPAL. PIN-583277

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WP No. 100308 of 2023

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NOTE: U/G OF HIS NATURAL MOTHER SMT.RENUKAMMA W/O. HANAMAGOUDA KATTIMANI @ GOLLAR, 45 YEARS, OCC: AGRICULTURE, R/O. BASAVANNA-CAMP, TAVARAGERA, TQ: KUSHTAGI.

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3 SRI. VEERABHADRAPPA S/O. GUNDAPPA NALATWAD AGE: 50 YEARS, OCC: BUSINESS AND AGRICULTURE R/O. TAVARAGERA, TQ: KUSHTAGI, DIST: KOPPAL PIN-583277

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KALAKANGOUDA S/O.MALLIKRAJUNGOUDA POLICE PATIL, AGED ABOUT 33 YEARS, OCC-ADVOCATE, R/O.VITHALAPUR WARDS NO.18, TAVARAGERA, TAL-KUSHTAGI, DIST-KOPPAL-583277.

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…RESPONDENTS

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(BY SRI A.P. KAMOJI, ADVOCATE FOR RESPONDENT NO.1) (NOTICE TO RESPONDENT NOS.2A TO 2D AND 3 –SERVED) (BY SRI ADVIND D.KULKARNI, ADVOCATE FOR RESPONDENT NO.4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 06.01.2023 IN Ex.P. NO.77/2015 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JMFC KUSHTAGI MARKET AS ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 100308 of 2023

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ORDER

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In this petition, the petitioners seek quashing of the impugned order dated 06.01.2023 passed in Execution Petition No.77/2015 by the Senior Civil Judge and JMFC, Kushtagi.

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Heard learned counsel for the petitioners and learned counsel for respondent Nos.1, 2A to 2D, 3 and 4 and perused the material on record.

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Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that the application/I.A.No.V for impleadment filed by the petitioners in Ex.P.No.77/2015 is still pending adjudication, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose off this petition without interfering with the impugned order dated 06.01.2023 and directing the executing Court to consider and pass appropriate orders on the impleadment application

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WP No. 100308 of 2023

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I.A.No.V filed by the petitioners herein after hearing all

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parties in accordance with law.

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I.A.No.2/2023 is filed by the petitioners seeking permission to deposit the sum of Rs.3,00,000/- as directed by this Court before the executing Court. Accepting the reasons stated in the application, I.A.No.2/2023 is disposed off permitting the petitioners to deposit the aforesaid sum before the executing Court on the next date of hearing before the executing Court.

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In the result, I pass the following :

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ORDER

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(i) Petition is hereby disposed off without interfering with the impugned order dated 06.01.2023 passed in Ex.P.No.77/2015 by the Senior Civil Judge and JMFC, Kushtagi.

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(ii) Trial Court/Executing Court is directed to consider and dispose off I.A.No.V filed by the petitioners for impleadment after hearing all parties in accordance with law as expeditiously as possible.

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WP No. 100308 of 2023

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(iii) I.A.No.2/2023 filed by the petitioners in the present is allowed and the petitioners are permitted to deposit Rs.3,00,000/- before the executing Court on the next hearing date of the executing petition, which stands posted on 16.02.2023 and proceed in accordance with law.

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Sd/JUDGE

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CKK

Smt. Manjamma W/O Burunagouda Bhangi v. Pragati Gramin Bank

Case brief

What is this about?

What did the court decide?

Smt. Manjamma W/O Burunagouda Bhangi v. Pragati Gramin Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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