Allowed

Smt.Bhagirati v. Sri.Narayan Manjunath Hegde

Karnataka HC21 Jun 2024WP/103265/2016

Case brief

AI extract

What is this about?

The High Court allowed the writ petition filed by judgment debtors against the issuance of a delivery warrant with police aid. The Court set aside the warrant and directed the Executing Court to appoint a surveyor to demarcate the property, after which possession shall be handed over within three months.

What did the court decide?

Set aside the delivery warrant; appoint a surveyor to demarcate property; handover possession to Decree Holder within three months of receipt of survey report.

Smt.Bhagirati Vs Sri.Narayan Manjunath Hegde — Execution and Attachment | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:8387 WP No. 103265 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21^ST DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.103265 OF 2016 (GM-CPC)

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BETWEEN:

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SMT. BHAGIRATI W/O. SOMA NAIK AGED ABOUT 72 YEARS, OCC: AGRICULTURIST.

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SRI. KEDAR SOMA NAIK AGED ABOUT 45 YEARS, OCC: AGRICULTURIST.

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SRI. MADHUKESHWAR SOMA NAIK AGED ABOUT 43 YEARS,

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OCC: AGRICULTURIST.

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KUMARI. SUSHEELA SOMA NAIK AGED ABOUT 32 YEARS, OCC: AGRICULTURIST,

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ALL ARE R/O: NADGULI THUDGUNI VILLAGE, SIRSI TALUK, UTTARA KANNADA DISTRICT.

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…PETITIONERS

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ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

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(BY SRI.T.M.NADAF, ADVOCATE)

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AND:

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SRI.NARAYAN MANJUNATH HEGDE, SINCE DECEASED. REPRESENTED BY HIS LRs.,

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1(A). SMT. PARVATHI W/O. LATE NARAYAN HEGDE, AGED ABOUT 66 YEARS, OCC: HOUSEHOLD.

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1(B). SMT. SUNANDA W/O. SATYANARAYAN BHATTA, D/O. LATE NARAYAN HEGDE, AGED ABOUT 46 YEARS, OCC: HOUSEHOLD.

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2 - NC: 2024:KHC-D:8387 WP No. 103265 of 2016

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1(C). SMT. SULOCHANA W/O. VISHWESHWARA HEGDE, D/O. LATE NARAYAN HEGDE, AGED ABOUT 44 YEARS, OCC: HOUSEHOLD.

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1(D). SMT. SUDHA W/O. GURUNATH BHATTA, D/O. LATE NARAYAN HEGDE, AGED ABOUT 43 YEARS, OCC: HOUSEHOLD.

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1(E). SMT. SARIKA W/O. SAROJ BHATTA D/O. LATE NARAYAN HEGDE, AGED ABOUT 41 YEARS, OCC: HOUSEHOLD.

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1(F). SMT. SAVITRI W/O. VENKATRAMANA HEGDE, D/O. LATE NARAYAN HEGDE, AGED ABOUT 40 YEARS, OCC: HOUSEHOLD.

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1(G). SRI. GAJANANA S/O. LATE NARAYAN HEGDE AGED ABOUT 38 YEARS, OCC: AGRICULTURIST.

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ALL ARE R/O: DODMANE THUDGUNI VILLAGE, SIRSI TALUK, UTTARA KANNADA DISTRICT.

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…RESPONDENTS

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(BY SRI.A.P.HEGDE JANMANE, ADVOCATE FOR R1(A) TO R1(G))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, CALL FOR THE RECORDS FROM THE OFFICES OF THE PRINCIPAL CIVIL JUDGE AT SIRSI IN EX. CASE NO.159/2009; QUASH THE ORDER DATED 05.03.2016, PASSED IN EX.CASE NO.159/2009 ON THE FILE OF PRINCIPAL CIVIL JUDGE AT SIRSI FOR ISSUANCE OF DELIVERY WARRANT WITH POLICE AID IN EXECUTING THE DELIVERY WARRANT, VIDE ANNEXURE-L AND ETC.

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NC: 2024:KHC-D:8387 WP No. 103265 of 2016

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THIS WRIT 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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Captioned writ petition is filed by the judgment debtors assailing the order of the Executing Court in issuing delivery warrant with police aid to execute the delivery warrant.

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Learned counsel appearing for petitioners and learned counsel appearing for respondents both fairly submit that delivery of the property covered under decree can be accomplished only after getting the land sought to be recovered through a proper technical expert/surveyor. The petitioners/judgment debtors are ready to handover possession as per the report of the surveyor. Respondent/Decree Holder fairly accepts this proposal and is willing to take possession of the land, which is subject matter of the decree after it is demarcated by a surveyor on spot inspection.

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Learned counsel appearing for respondent/Decree Holder submits that the decree is of the year-2009 and therefore, requests the Court to issue directions to expedite and handover possession.

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NC: 2024:KHC-D:8387 WP No. 103265 of 2016

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In the light of submission made by the learned

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counsels on record, this Court passes the following;

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ORDER

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i) Writ petition is allowed.

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ii) The impugned delivery warrant is hereby setaside.

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iii) The Executing Court shall appoint a surveyor to measure the property covered under the decree. The surveyor shall secure memo of instructions from the respective parties and shall demarcate the land covered under the decree and submit a report in that regard.

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iv) On receipt of such a report, the Executing Court shall enforce the decree through Bailiff and handover the possession to the Decree Holder.

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v) This exercise shall be completed by Executing Court within a period of three months from the date of receipt of certified copy of this order.

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Sd/JUDGE

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List No.: 1 Sl No.: 55

Smt.Bhagirati v. Sri.Narayan Manjunath Hegde

Case brief

What is this about?

What did the court decide?

Smt.Bhagirati v. Sri.Narayan Manjunath Hegde

Case brief

What is this about?

What did the court decide?

What the court decided

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