Dismissed

Basappa S/O Mallappa Ganiger Since Deceased by His Lrs Gourawwa W/O Chennaveerappa Matti and Other v. the Assistant Commissioner and Others

Karnataka HC15 Feb 2023WP/100893/2023

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, the High Court directed the executing court to pass appropriate orders on a pending application (I.A. No. III) and concluded the execution proceedings within three months to satisfy a judgment awarded in a composite appeal.

What did the court decide?

Directed the executing court to pass appropriate orders on I.A. No. III and conclude execution proceedings within three months.

Basappa S/O Mallappa Ganiger Since Deceased… — Civil Procedure and Limitation | Karnataka HC (2023)

¶1

¶2

WP No. 100893 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 15^TH DAY OF FEBRUARY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100893 OF 2023 (LA-RES)

¶7

BETWEEN:

¶8

BASAPPA S/O MALLAPPAGANIGER,

¶9

SINCE DECEASED BY HIS LRS.

¶10

1. GOURAWWA

¶11

W/O CHEENNAVEERAPPA MATTI, AGE:65YEARS, OCC: HOUSEHOLD WORK, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶12

CHANAGEERAPPA @ CHANAGIRIYAPPA

¶13

S/O BASAPPAGANIGER, SINCE DECEASED BY HIS LRS. PETITIONER. NO. 2 TO 6

¶14

1. ANUSUYA W/O CHANAGIRIYAPPAGANIGER,

¶15

AGE:35 YEARS, OCC: HOUSEHOLD WORK, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶16

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

¶17

1. SUNIL S/O CHANAGIRIYAPPAGANIGER,

¶18

AGE: 35 YEARS, OCC: AGRICULTURE, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶19

1. MANJUNATH S/O CHANAGIRIYAPPA GALAGALI @ GANIGER,

¶20

AGE: 45 YEARS, OCC: AGRICULTURE, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶21

1. SHREYA VIJAYAKUMAR NADAGATTI

¶22

AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶23

¶24

WP No. 100893 of 2023

¶25

1. KASTUREWWA W/O SOMALINGAPPA BIRADAR,

¶26

AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶27

SUSHILA @ SHAILAJA W/O SHASHIKANT RAVI SINCE DECEASED BY HER LRS.

¶28

PETITIONER NO. 7 TO 9.

¶29

1. CHETAN S/O SHASHIKANT RAVI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶30

1. SACHIN S/O SHASHIKANT RAVI, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶31

1. SHASHIKANT S/O BHIMARAO RAVI, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶32

1. BHAGIRATI W/O SHIVALINGAPPAGANIGER,

¶33

AGE: 58 YEARS, OCC: HOUSEHOLD, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶34

MALLAPPABASAPPAGANIGER,

¶35

SINCE DECEASED BY HIS LRS.

¶36

1. NETRAVATHI W/O MALLAPPAGANIGER,

¶37

AGE: 54 YEARS, OCC: HOUSEHOLD, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶38

1. SHRIKANT S/O MALLAPPAGANIGER,

¶39

AGE: 35 YEARS, OCC: HOUSEHOLD, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116.

¶40

1. VISHWANATH S/O MALLAPPAGANIGER,

¶41

AGE: 33 YEARS, OCC: HOUSEHOLD, R/O: GALAGALI, TQ.BILAGI, DIST: BAGALKOT-587116. ….PETITIONERS

¶42

(BY SRI ANIK KALE, ADVOCATE)

¶43

3 - WP No. 100893 of 2023

¶44

AND:

¶45

THE ASSISTANT COMMISSIONER,

¶46

JAMKHANDI AND THE SLAO, TQ. JAMKHANDI, DIST: BAGALKOT-587301.

¶47

THE STATE OF KARNATAKA, R/BY ITS DEPUTY COMMISSIONER, NAVANAGAR, BAGALKOT-587101.

¶48

THE EXECUTIVE ENGINEER, NATIONAL HIGH PORTS PWD, SECTION NO.23, NAVANAGAR, BAGALKOT-57101.

¶49

ASSISTANT EXECUTIVE ENGINEER, PWD, BILAGI, DISTRICT: BAGALKOT-587116

¶50

CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHAN SOUDHA, 3RD FLOOR, BENGALURU-560001.

¶51

…..RESPONDENTS

¶52

(BY SRI PRASHANT V.MOGALI, HCGP FOR RESPONDENTS)

¶53

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO ISSUE A WRIT IN THE NATURE MANDAMUS DIRECTING THE RESPONDENT NO.1 TO SATISFY THE JUDGMENT AND AWARD PASSED BY THIS HON’BLE COURT IN MFA.NO.26082/2011 DATED 08.08.2017 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT IN THE NATURE MANDAMUS DIRECTING THE EXECUTORY COURT IN E.P.NO.14/2019 TO PASS ORDERS ON I.A. NO. 3 FILED U/O. 41 RULE 43 OF CIVIL PROCEDURE CODE, THE INTEREST OF JUSTICE AND EQUITY.

¶54

¶55

WP No. 100893 of 2023

¶56

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

¶57

ORDER

¶58

In this petition, the petitioners seek the following

¶59

reliefs :

¶60

“ISSUE A WRIT IN THE NATURE MANDAMUS DIRECTING THE RESPONDENT NO.1 TO SATISFY THE JUDGMENT AND AWARD PASSED BY THIS HON’BLE COURT IN MFA.NO.26082/2011 DATED 08.08.2017 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT IN THE NATURE MANDAMUS DIRECTING THE EXECUTORY COURT IN E.P.NO.14/2019 TO PASS ORDERS ON I.A. NO. 3 FILED U/O. 41 RULE 43 OF CIVIL PROCEDURE CODE, THE INTEREST OF JUSTICE AND EQUITY.”

¶61

The limited grievance of the petitioners in the present petition is that despite the Judgment and Award passed by this Court in MFA.No.26082/2011 dated 08.08.2017, respondents have not satisfied the award and thereby driven the petitioner to institute the execution proceedings in Ex.P.No.14/2019 before the Senior Civil

¶62

¶63

WP No. 100893 of 2023

¶64

Judge, Bilagi. It is contended that despite filing the aforesaid execution proceedings, the respondents still did not satisfy the award and consequently petitioners were constrained to file an application I.A.No.III dated 12.11.2021. It is further grievance of the petitioners that even the said application I.A.No.III has not been considered and no orders have been passed so far. It is also submitted that no objections to either I.A.No.III nor execution petition having been filed by respondents/ Judgment Debtors, inspite of which, the executing court not taken any steps to ensure that the respondents make payment to the petitioners and satisfy the award.

¶65

Per contra , learned HCGP appearing for respondents submits that there is no merits in the petition and he prays for dismissal of the petition.

¶66

In view of the aforesaid facts and circumstances and in the light of the undisputed fact that the Judgment and Award dated 08.08.2017 passed by this Court in MFA.No.26082/2011 is sought to be enforced in Execution

¶67

¶68

WP No. 100893 of 2023

¶69

Petition No.14/2019, I deem it just and appropriate to direct the executing Court to pass appropriate orders on I.A.No.III in Execution Petition No.14/2019 and also conclude the execution proceedings within a period of three months from today.

¶70

With the above direction, writ petition is disposed off.

¶71

SD JUDGE

¶72

CKK

Basappa S/O Mallappa Ganiger Since Deceased by His Lrs Gourawwa W/O Chennaveerappa Matti and Other v. the Assistant Commissioner and Others

Case brief

What is this about?

What did the court decide?

Basappa S/O Mallappa Ganiger Since Deceased by His Lrs Gourawwa W/O Chennaveerappa Matti and Other v. the Assistant Commissioner and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mr Mohammed Maaz Shariff Vs the Robin Hood Project Trust

Smt. G Sheela Vs Dr. Chandrashekar S D

Jain Heritage School Vs State of Karnataka

St.Theresa Educational Cultural and Social Development Society Vs State of Karnataka

St.Theresa Educational Vs State of Karnataka

Shree Devi Educational Trust Vs State of Karnataka