A writ petition sought a mandamus directing the District Consumer Forum at Udupi to dispose of an execution application pending nearly twenty months after the consumer complaint order. The Court allowed the petition and directed disposal within three months.
Writ of mandamus issued directing disposal of E.A.No.14/2022 within three months.
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.
NC: 2024:KHC:5847 WP No. 1995 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 1995 OF 2024 (GM-CON)
BETWEEN:
MR ROBERT D SOUZA SON OF ANTHONY DSOUZA AGED ABOUT 68 YEARS NO.312, CRYSTAL VALLY C-WING, 5TH CROSS ROAD NAYAMPALLI UDUPI - 576105 KARNATAKA STATE
…PETITIONER
(BY SRI. RAGHU BABU N., ADVOCATE)
AND:
NC: 2024:KHC:5847 WP No. 1995 of 2024
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DISTRICT CONSUMER FORUM UDUPI, TO DISPOSE OF THE EXECUTION PETITION NO.14/2022 MARKED AT ANNEXURE-B AS EARLY AS POSSIBLE BY FIXING THE TIME FOR DISPOSAL OF THE SAME. b) SINCE THE RESPONDENTS HAVE NOT PREFERRED ANY APPEAL AS AGAINST THE ORDER PASSED AT ANNEXURE-A I.E IN CONSUMER COMPLIANT NO.75/20, ORDER DTD 09.06.22 BEFORE THE UDUPI DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT UDUPI AND HENCE DIRECT THE CONSUMER FORUM TO STOP THE RECORDING OF ANY EVIDENCE IN EXECUTION PETITION AS THE OFFENCE IS ALREADY CONCLUDED.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following order:
NC: 2024:KHC:5847 WP No. 1995 of 2024
and hence direct the consumer forum to stop the recording of any evidence in execution as the offence is already concluded. And
c) Pass any other order or direction as this Hon'ble court deems fit in the circumstances of the case including the cost of the proceedings in the ends of justice."
appearing for the petitioner.
No.75/2020, the Consumer Court passes an order in favour of the complainant. Seeking execution of the said order, the petitioner files an execution application in E.A.No.14/2022 on 27.07.2022. The petition is preferred on the score that the concerned Court is not taking of the issue, despite passage of close to 20 months after filing of the said execution petition.
issuance of a writ in the nature of mandamus directing the concerned Court to dispose the execution application E.A.No.14/2022, within an outer limit of three months, if not earlier.
NC: 2024:KHC:5847 WP No. 1995 of 2024
ORDER
Ordered accordingly.
Sd/JUDGE
KG List No.: 1 Sl No.: 41
1 issue framed by the court
Whether the Consumer Court could be directed by mandamus to dispose of execution petition E.A.No.14/2022 pending for nearly 20 months within a fixed time.
2 provisions across 1 enactments
Mr Robert D Souza
Mr Thomas Charles Lewis
Mr Subhashi Piraji Kachole
Mr Mahendra Gajraj Bais
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
