Dismissed

Sri Hanchinamane Basappa v. Sri H M Ravindrappa

Karnataka HC8 Jun 2023WP/43201/2017

Case brief

AI extract

What is this about?

Chapter bail hearing, the Court dismissed the writ petition because the underlying execution petition abated after the decree holder's death without legal representatives appearing. Liberty was reserved for restoration if the petition is revived.

What did the court decide?

The writ petition and I.A. No. 1/2018 were disposed of as abated; liberty reserved for restoration if the execution petition is revived.

Sri Hanchinamane Basappa Vs Sri H M Ravindrappa — Execution and Attachment | Karnataka HC (2023)

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1 - NC: 2023:KHC:19610 WP No. 43201 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JUNE, 2023 BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 43201 OF 2017 (GM-CPC)

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BETWEEN:

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SIR HANCHINAMANE BASAPPA, S/O HALAPPA, AGED ABOUT 76 YEARS, R/O GOPANAL VILLAGE, MAYAKONDA HOBLI,

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DAVANAGERE TALUK & DIST-577 002.

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SRI MANJANNA, S/O BASAVARAJAPPA, AGED ABOUT 36 YEARS, R/O GOPANAL VILLAGE, MAYAKONDA HOBLI, DAVANAGERE TALUK & DIST-577 002.

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SRI KENCHAPPA, S/O BASAVARAJAPPA, R/O GOPANAL VILLAGE, MAYAKONDA HOBLI, DAVANAGERE TALUK & DIST-577 002.

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SRI SHYAMENAHALLI BASAVARAJAPPA, S/O PARASHURAMAPPA, AGED ABOUT 66 YEARS, R/O GOPANAL VILLAGE, MAYAKONDA HOBLI, DAVANAGERE TALUK & DIST-577 002.

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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SRI SHYAMENAHALLI BISTAPPA, S/O NOT KNOWN, AGED ABOUT 71 YEARS, R/O GOPANAL VILLAGE, MAYAKONDA HOBLI, DAVANAGERE TALUK & DIST-577 002.

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…PETITIONERS

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SRI. HANCHINAMANE BASAPPA, P1 (ABSENT); SRI. MANJANNA, P2 (ABSENT); SRI. KENCHAPPA, P3 (ABSENT); SRI. SHYAMENAHALLI BASAVARAJAPPA, P4 (ABSENT); SRI. SHYAMENAHALLI BISTAPPA, P5 (ABSENT)

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NC: 2023:KHC:19610 WP No. 43201 of 2017

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AND:

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SRI. H.M. RAVINDRAPPA, S/O MAHADEVAPPA, R/O GOPANAL VILLAGE, MAYAKONDA HOBLI, DAVANAGERE TALUK & DIST - 577 002.

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…RESPONDENT

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[BY SRI. DEEPASHREE, ADV., (ABSENT)]

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER ANNEX-A DATED 2.2.2017 MADE IN EX. NO. 156/2013 BY THE COURT OF THE ADDL. CIVIL JUDGE AT DAVANAGERE AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Challenging impugned order dated 02.02.2017 at Annexure-A passed by Addl. Civil Judge, Davanagere, in Ex.no.156/2013, this writ petition is filed by petitioners(J.Drs. in execution petition).

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However, case status of Execution proceeding would indicate that after death of Decree holder, despite grant of sufficient opportunity, legal representatives had not come on record. Therefore, Ex.Petition has been disposed of as uncontested-abated on 13.09.2019.

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In view of above position, this writ petition and also I.A.no.1/2018 would not survive for consideration and are

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NC: 2023:KHC:19610 WP No. 43201 of 2017

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disposed of as such. However, liberty is reserved to seek for

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restoration in case of revival of Ex.Petition.

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Sd/JUDGE

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GRD

Sri Hanchinamane Basappa v. Sri H M Ravindrappa

Case brief

What is this about?

What did the court decide?

Sri Hanchinamane Basappa v. Sri H M Ravindrappa

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

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