Writ petition under Article 226 challenging an order rejecting a stay application in execution proceedings was disposed of as infructuous following disposal of a connected miscellaneous petition.
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WP No. 12781 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 12781 OF 2018 (GM-CPC)
BETWEEN:
M/S GRAINTEC INDUSTRIES A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, AS AUTHORIZED SIGNATORY, SHRI.K.R. PRASANNA KUMAR, S/O K.N.RANGASWAMY, AGED ABOUT 37 YEARS, HAVING ITS OFFICE AT NO.300/300A SRIGANDAKAVAL, SUNKADAKATTE, MAGADI CHORD ROAD, VISHWANEEDAM POST, BENGALURU-560091. …PETITIONER
(BY SRI. G A SRIKANTE GOWDA.,ADVOCATE)
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
AND:
M/S FOUR ESS CORPORATION OFFICE AT NO.107/1, GROUND FLOOR, 4TH CROSS, N.R.ROAD, BEHIND ADA RANGAMANDIRA, BENGALURU REP. BY ITS MANAGING PARTNER, SHRI.B.R.PARTHASARATHY, AGED ABOUT 65 YEARS.
…RESPONDENT
(BY SRI. S NANJUNDA SWAMY, ADVOCATE)
WP No. 12781 of 2018
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.3.2018 (ANNEXURE-D) PASSED BY THE LEARNED ADDITIONAL CITY CIVIL JUDGE, CCH-31, BENGALURU IN EXECUTION CASE NO.1646/2015, REJECTING THE I.A. FILED BY THE PETITIONER FOR STAY OF THE EXECUTION PROCEEDINGS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri. G A Srikante Gowda, the learned counsel
for the petitioner, submits that this petition is rendered infructuous with the disposal of the miscellaneous petition in Misc. No.84/2017 on the file of the XXX Additional City Civil and Sessions Judge, Bengaluru on 28.09.2018.
With this submission being taken on record, the petition stands disposed of accordingly.
Sd/JUDGE
AN/-
1 issue framed by the court
Whether a writ petition praying to set aside an order in execution proceedings becomes infructuous after disposal of a related miscellaneous petition.
1 provisions across 1 enactments
M/S GRAINTEC INDUSTRIES A PARTNERSHIP FIRM
M/S FOUR ESS CORPORATION
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
