This W.P. sought a stay on execution proceedings for non-payment of a decree. The High Court dismissed the petition for non-prosecution as the petitioners failed to comply with a stay order conditioned upon depositing _Rs. 3 Lakhs_.
Petition stands dismissed for non prosecution due to failure to comply with interim order.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2023 BEFORE
THE HON'BLE MR. JUSTICE S.G.PANDIT
WRIT PETITION NO. 2319 OF 2020 (GM-CPC)
BETWEEN:
BOTH ARE R/AT KIKKERAMMANA KATHALU BADAVANE KOTE, HOLENARASIPURA TOWN HASSAN DISTRICT-573 212.
…PETITIONERS (BY SRI. NARENDRA GOWDA., ADVOCATE (ABSENT))
AND:
Digitally signed by GURURAJ D Location: High Court of Karnataka
…RESPONDENT (BY RESPONDENT SERVED & UNREPRESENTED)
THIS WRIT PETITION FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAY THAT THIS HON'BLE COURT MAY BE PLEASED TO STAY ALL FURTHER PROCEEDINGS EXECUTION PETITION NO. 57/2019 ON THE COUR OF SENIOR CIVIL JUDGE & JMFC AT HOLENARSIPURA VIDE ANNEX-F
PENDING DISPOSAL OF THE ABOVE WRIT PETITION, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition was adjourned to today on 18.08.2023 at the request of the learned counsel for the petitioners so as to get instructions as to whether the petitioner complied interim order dated 30.01.2020, directing him to deposit Rs. 3,00,000/-. This Court stayed the impugned order subject to petitioner depositing a sum of Rs. 3,00,000/- before this Court, within a period of two weeks.
Today there is no representation for the petitionersjudgment debtors.
decree the City Civil Court under impugned order dated 16.01.2020 issued arrest warrant to the petitioner. Challenging the same, the petitioner is before this Court.
the impugned order subject to depositing Rs.3,00,000/-. The petitioner has not deposited Rs.3,00,000/- as directed by this Court. As the petitioner has failed to comply Interim order dated 30.01.2020, there is no reason to adjourn the matter.
Petition stands dismissed for non prosecution.
Sd/JUDGE
PSJ
1 issue framed by the court
Whether the writ petition for staying execution proceedings should be allowed despite non-compliance with an interim order.
2 provisions across 1 enactments
Sakamma W/o Kale Gowda
Eshwar S/o Kale Gowda
B P Ravinda
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
