Petitioner sought to set aside execution proceedings arising from a decree for ejectment in which he had filed an obstructor application. That application was dismissed by the executing court. The High Court held the petitioner could challenge that order separately but not maintain this writ petition, and dismissed it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 15053 OF 2024 (GM-CPC)
BETWEEN:
PETITIONER
(BY SRI. SHRI NARIAN JHA., ADVOCATE FOR SRI. ABHIJIT VERMA)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
NC: 2024:KHC:22445 WP No. 15053 of 2024
BEHIND BHARATH PETROLEUM, NO.244, M C ROAD, AMBUR TAMIL NADU - 635 802.
RESPONDENTS
(BY SRI. R. HEMANTH RAJ., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLE 227 PRAYING TO SET ASIDE THE EXECUTION PROCEEDING EX. NO.1797 OF 2014 PENDING BEFORE THE HONBLE X ADDL. CITY CIVIL AND SESSION JUDGE AT BENGALURU (CCH-26) AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri. R. Hemanth Raj, learned counsel accepts notice for respondent No.2.
NC: 2024:KHC:22445 WP No. 15053 of 2024
decided by the executing Court the petitioner has filed the instant writ petition with the following prayers.
"a) To set aside the execution proceeding in EX.No.1797 of 2014 pending before the Hon'ble X Addl. City Civil and Sessions Judge at Bengaluru, (CCH-26) (AnnexureF);
b) To grant the costs of the suit; and
c) To grant such other order or orders as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case together with cost, in the interest of justice and equity."
NC: 2024:KHC:22445 WP No. 15053 of 2024
executing Court, he is always at liberty to challenge the same in the manner known to law. He cannot maintain the instant writ petition for the relief prayed by him as mentioned in para No.3 supra.
Sd/JUDGE
PNV
List No.: 1 Sl No.: 41
1 issue framed by the court
Can a writ petition be maintained to set aside an execution proceeding when the petitioner's obstructor application under Order 21 has been dismissed by the executing court?
1 provisions across 1 enactments
Abdul Khader Jeelan
Mr. Osman Harun Hussain
Meena Umachander
Hussain Mueen Farooq
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
