Allowed

P. Hanumantha Raju v. Smt. Kalamma

Karnataka HC13 Mar 2024WP/2447/2024

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Karnataka set aside an order dismissing execution proceedings for non-prosecution and restored the matter to the executing court, directing the petitioner to appear by a stipulated date.

What did the court decide?

The impugned order dated 05.09.2023 was set aside and the execution proceedings in Ex.No.35/2015 were restored to the file of the Executing court.

P. Hanumantha Raju Vs Smt. Kalamma — Execution and Attachment | Karnataka HC (2024)

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NC: 2024:KHC:10316 WP No. 2447 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2447 OF 2024 (GM-CPC)

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BETWEEN:

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P. HANUMANTHA RAJU S/O PUTTA SWAMYAIAH AGED ABOUT 54 YEARS R/AT VENKATESHWARA BLOCK FORT H N PURA TOWN HASSAN DISTRICT 573 211.

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…PETITIONER

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(BY SRI. VIJAY KUMAR T.,ADVOCATE) AND:

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SMT. KALAMMA W/O NANJEGOWDA AGED ABOUT 59 YEARS R./AT VAKKALIGARA BEEDI KOTE H.N. PURA TOWN HASSAN DISTRICT 573 211.

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(AMENDED AS PER ORDER OF THIS HON’BLE COURT DATED: 13.03.2024)

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Digitally signed by VANDANA S Location: High Court of Karnataka

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(SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICINET VIDE ORDER DATED: 13.03.2024)

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…RESPONDENT

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THIS W.P IS FILED UNDER ARTICLE 227 OF THE OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND JMFC, HASSAN IN O.S.NO.506/2016 AND QUASH THE IMPUGNED ORDER DTD 05.09.2023 PASSED IN EXECUTION NO.35/2015 BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AT HOLENARSIPURA AND CONSEQUENTLY RESTORE THE PETITION IN EXECUTION NO.35/2015 PENDING BEFORE THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC AT HOLENARSIPURA, VIDE ANNEXURE-F.

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

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NC: 2024:KHC:10316 WP No. 2447 of 2024

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ORDER

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This petition by the Decree holder in Ex.No.35/2015 is

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directed against the impugned order dated 05.09.2023, whereby the said Execution proceedings filed by the petitioner – Decree holder against the respondent – Judgment Debtor seeking enforcement and implementation of the decree dated 30.09.2003 was dismissed for non-prosecution.

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Heard learned counsel for the petitioner and perused the material on record. The respondent having been served with the notice of this petition, he has chosen to remain absent and unrepresented and not contested the petition.

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A perusal of the material on record will indicate that the petitioner instituted the suit in O.S.No.39/2003 against the respondent – defendant for specific performance and other reliefs in relation to the suit schedule immovable property. The said suit was decreed in favour of the petitioner – plaintiff against the respondent – defendant vide judgment and decree dated 30.09.2008. Pursuant thereto, the petitioner – Decree holder instituted the instant Execution proceedings to enforce and implement the said judgment and decree.

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3 - NC: 2024:KHC:10316 WP No. 2447 of 2024

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It is the grievance of the petitioner that due to bonafide

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reasons, unavoidable circumstances and sufficient cause, the petitioner and his counsel could not be present before the Executing court on 05.09.2023, as a result of which, the Executing court has proceeded to dismiss the Execution petition for nonprosecution. Aggrieved by the impugned order passed by the Executing court dismissing the Execution petition for nonprosecution, the petitioner is before this Court by way of the present petition.

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Learned counsel for the petitioner submits that if one more opportunity is provided to the petitioner-Decree holder by setting aside the impugned order and restoring the execution proceedings to file, the petitioner would argue the execution proceedings in accordance with law.

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In view of the aforesaid facts and circumstances and the submissions made on behalf of the petitioner, I deem it just and appropriate to set aside the impugned order and restore the impugned Execution proceedings to the file of the Executing court with a direction to the Executing court to proceed further in accordance with law.

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NC: 2024:KHC:10316 WP No. 2447 of 2024

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In the result, I pass the following:-

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ORDER

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(i) Petition is hereby allowed.

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(ii) The impugned order dated 05.09.2023 passed in

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Ex.No.35/2015 by the learned Senior Civil Judge and JMFC, Holenarasipura, is hereby set aside.

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(iii) The Execution proceedings in Ex.No.35/2015 are

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restored to the file of the Executing court.

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(iv) Petitioner undertakes to appear before the Executing

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court on 01.04.2024 without awaiting further notice.

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(v) Registry is directed to communicate this order to the

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Executing court forthwith for enabling the petitioner to appear before the Executing court on 01.04.2024.

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SD/JUDGE

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Srl.

P. Hanumantha Raju v. Smt. Kalamma

Case brief

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P. Hanumantha Raju v. Smt. Kalamma

Case brief

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