Disposed

Sri Sri H H Vidya Prasanna Theetha Swamiji v. Sri Subramanya Gram Panchayat

Karnataka HC28 Aug 2023WP/56828/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an arrest warrant issued in execution proceedings. The Court accepted a submission that the underlying dispute regarding the road has effectively closed, thus rendering execution issues moot, without prejudicing pending writ proceedings on the property title.

What did the court decide?

Petition disposed of on the basis that the underlying dispute is closed; disposal shall not prejudice pending rights.

Sri Sri H H Vidya Prasanna Theetha Swamiji Vs Sri… — Execution and Attachment | Karnataka HC (2023)

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NC: 2023:KHC:30451 WP No. 56828 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 56828 OF 2016 (GM-CPC)

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BETWEEN:

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SRI SRI H H VIDYA PRASANNA THEETHA SWAMIJI KUKKE SUBRAMANYA DAKSHINA KANNADA REP BY ITS GPA HOLDER SRI S R PRASANNA CONSULTANT ENGINEER NO 24, 1ST MAIN ROAD, SESHADRIPURAM, P B NO 2018 BENGALURU - 560020

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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…PETITIONER (BY SRI. H.R.ANANTHA KRISHNA MURTHY, ADVOCATE)

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AND:

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SRI SUBRAMANYA GRAM PANCHAYAT KUKKE SURBAMANAYA REP BY PANCHAYAT DEVELOPMENT OFFICER KUKKE SUBRAMANYA DAKSHINA KANNADA DISTRICT

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…RESPONDENT

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(BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE)

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NC: 2023:KHC:30451 WP No. 56828 of 2016

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED IN EXECUTION PETITION NO.14/2015 DTD. 24.8.2016 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, SULIA, DAKSHINA KANNADA VIDE ANNEX-E.

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

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ORDER

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The petitioner - Sri. Kukke Subramanya Mutt - has filed this petition being aggrieved by the order dated 24.08.2016 in Execution Petition No.14/2015 on the file of the Civil Judge and JMFC, Sullia, Dakshina Kannada [for short, ' the executing Court ']. The executing Court by this impugned order has recalled its earlier order dated 30.04.2016 whereby, arrest warrant is issued to the respondent. According to the petitioner, who relies upon the decree dated 27.08.2014 in O.S.No.03/2014, the respondent is guilty of disobedience and hence, the execution proceedings are filed, and the executing Court has justifiably issued arrest warrant.

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NC: 2023:KHC:30451 WP No. 56828 of 2016

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However presently, a memo is filed by Sri. H. R. Ananthakrishnamurthy, the learned counsel for the petitioner to bring on record the additional documents viz ., the Notification dated 17.03.2016 and the interim order dated 06.08.2018 in W.P.No.31219/2018 [GM-RES]. The learned counsel submits that during the pendency of this petition, the subject road, which is the reason for dispute decided in O.S.No.03/2014, is handed over to the management of the temple; that the management, in the writ proceedings in W.P.No.31219/2018 [GMRES] commenced by the petitioner, has submitted that there would be no obstruction either to the petitioner or to its devotees except insofar as it is used for construction.

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Sri. Pundikai Ishwara Bhat, the learned counsel for the respondent, submits that this submission could be taken on record and the writ petition disposed of inasmuch as this submission brings

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NC: 2023:KHC:30451 WP No. 56828 of 2016

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about the closure of the entire dispute vis - a - vis the respondent. With liberty to the respondent to place this statement on record in any pending proceedings by the petitioner in relation to the subject property, the petition stands disposed of observing that the disposal of this writ petition shall not prejudice the petitioner's right to prosecute the writ petition in W.P.No.31219/2018 [GM-RES].

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Sd/JUDGE

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Sri Sri H H Vidya Prasanna Theetha Swamiji v. Sri Subramanya Gram Panchayat

Case brief

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Sri Sri H H Vidya Prasanna Theetha Swamiji v. Sri Subramanya Gram Panchayat

Case brief

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What did the court decide?

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