Dismissed

Sri B Nanjundappa v. Smt Aiysha Khan

Karnataka HC16 Oct 2024WP/27774/2024

Case brief

AI extract

What is this about?

Writ petition challenged a civil court order directing police to implement an earlier order in M.A.No.76/2022. The High Court held that a court must implement its own orders absent any law to the contrary, found no infirmity, and rejected the petition, keeping contentions open for the separately pending writ against the underlying order.

What did the court decide?

None granted; writ petition rejected with copy to respondent by Speed Post.

Sri B Nanjundappa Vs Smt Aiysha Khan — Execution and Attachment | Karnataka HC (2024)

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1 - NC: 2024:KHC:41672 WP No. 27774 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF OCTOBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 27774 OF 2024 (GM-CPC)

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BETWEEN:

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SRI. B NANJUNDAPPA, ADMINISTRATIVE OFFICER SRI. SIDDHARTHA EDUCATION SOCIETY (R) AGED ABOUT 79 YEARS, SIDDHARTHA NAGARA, KASABAHOBLI, TUMAKURU TQ AND DISTRICT - 572 107. REGD UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960)

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DR. G PARAMESHWARAPPA, S/O LATE H M GANGADHARAIAH, AGED ABOUT 74 YEARS, SIDDHARTHANAGARA AT POST (GOLLAHALY), KASABA HOBLI, TUMAKURU 572 107. (SENIOR CITIZEN BENEFIT NOT CLAIMED)

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…PETITIONERS (BY SRI. CHANDRAKANTH R GOULAY.,ADVOCATE)

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Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA

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AND:

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SMT. AIYSHA KHAN, D/O SHOUKATH ULLA KHAN, AGED ABOUT 32 YEARS, R/AT 8^TH CROSS, KAIDALA LAYOUT, OPP TO DIVYA COLLEGE, TUMAKURU 572 118.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD. 09.09.2024 PASSED IN OS NO. 679/2022 ON THE FILE OF 1 ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT TUMKURU VIDE ANNX-G.

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THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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2 - NC: 2024:KHC:41672 WP No. 27774 of 2024

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT

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ORAL ORDER

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Challenge is to the order whereby police has been

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directed to implement the order passed in M.A.No.76/2022. It is the duty of court not only to pass orders but also implement the orders passed unless the law otherwise says. No such law is brought to the notice of court. Therefore, the impugned order cannot be faltered.

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In view of the above, writ petition is liable to be rejected & accordingly, it is. However, all this is subject to the order to be passed in petitioners’ W.P.No.12019/2024 wherein, the order sought to be enforced with the aid of Police is put in challenge.

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All contentions in that regard are kept open.

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Registry to send a copy of this order to the respondent by Speed Post.

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Sd/- (KRISHNA S DIXIT) JUDGE

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cbc List No.: 1 Sl No.: 6

Sri B Nanjundappa v. Smt Aiysha Khan

Case brief

What is this about?

What did the court decide?

Sri B Nanjundappa v. Smt Aiysha Khan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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