Execution-adjacent writ petition under Article 227 challenging an order in an execution petition; counsel sought permission to retire after notice went undelivered instructions; petition of 2016 was dismissed for non-prosecution as the petitioner failed to take steps against some respondents.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
WRIT PETITION NO. 50551 OF 2016 (GM-CPC)
BETWEEN:
SREE FINANCIERS (R), C.S.I. HOSPITAL ROAD, CHICKBALLAPURA, REPRESENTED BY ITS MANAGING PARTNER, SRI. SAI SUJITH. PIN - 562 101
…PETITIONER
(BY SRI: SUBBA REDDY .K.N., ADVOCATE)
AND:
Digitally signed by PAVITHRA N Location: high court of karnataka
…RESPONDENTS
(BY SRI: T.K. RAJAGOPALA, ADVOCATE FOR R1(G) & 2 (ABSENT) V/O DT.2/12/16, R1(B) - H/S V/O DT.18/1/17, R1(D) - H/S V/O DT.2/7/21, R1(K) - H/S V/O DT.8/1/24, R1© TO (H) ARE THE LRS OF DECEASED R1(A))
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.30.1.2016 PASSED ON I.A.NO NIL FILED BY THE R-2 / JUDGMENT DEBTOR NO.2 IN EX.PET.NO.82/2006 UNDER SECTION 151 CPC ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, CHICKBALLAPUR VIDE ANNEX-E. CALL FOR THE RECORDS IN EX.PET.NO.82/2006 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, CHICKBALLAPUR VIDE ANNEX-C AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that a memo seeking permission to retire is filed before the registry. Copy of which is produced for perusal of the Court.
The memo is placed on record.
petitioner through RPAD. The registered post dated 16.01.2023
is served on the petitioner. Inspite of delivery of notice, petitioner has failed to give instructions.
present case.
respondent Nos.1(c) and 1(f) is not taken. Even amendment to the cause title is not carried out. It appears that the petitioner
NC: 2024:KHC:6000 WP No. 50551 of 2016
is not interested in prosecuting the petition. Accordingly,
petition is dismissed for non-prosecution.
Sd/JUDGE
PN List No.: 1 Sl No.: 21
Sree Financiers (R), represented by its Managing Partner, Sri. Sai Sujith
Sri. Dyavappa dead by L.Rs
Smt. Ashwathamma W/o. Late Dyavappa
Smt. Narasamma W/o. Late Dyavappa
Smt. Padmamma D/o Late Dyavappa
Smt. Chandramma D/o Late Dyavappa
M G Uma
As recorded by the court registry
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