Disposed

Smt Yashodha Adhikari v. Sri K v Naidu

Karnataka HC1 Mar 2024WP/5495/2024

Case brief

AI extract

What is this about?

This Writ Petition challenged an execution order dispensing notice to the judgment debtor. The execution court had issued a notice despite the petition being filed within two years of the decree. The court disposed of the writ petition directing the lower court to proceed with execution if the objection application is withdrawn.

What did the court decide?

The Writ Petition is disposed of. Liberty is reserved to withdraw the application filed in the execution petition and proceed with execution of the decree.

Smt Yashodha Adhikari Vs Sri K v Naidu — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:8777 WP No. 5495 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 5495 OF 2024 (GM-CPC)

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BETWEEN:

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SMT YASHODHA ADHIKARI, W/O LATE M.S.ADHIKARI, AGED ABOUT 77 YEARS, NO.13,MIG, 4^TH FLOOR, KHB COLONY, 6^TH BLOCK, KORAMANGALA, BENGALURU - 560 095.

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…PETITIONER

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(BY SRI. CHANDRANATH ARIGA K., ADVOCATE)

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AND:

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Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA

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SRI. K.V. NAIDU, S/O K.C.NAIDU, AGED ABOUT 54 YEARS, NO.37, NAIDU LAYOUT, KUVEMPU NAGAR, JALAHALLI EAST, BENGALURU - 560 014.

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SRI K.S.BHARATH, S/O SUBA RAO, AGED ABOUT 51 YEARS, #A-207, SPARTACUS APARTMENT, 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU - 560 011.

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SRI. RAM KUMAR, S/O LATE NARAYANA SETTY, AGED ABOUT 70 YEARS, NO.16/A, SUNDARANAGAR,

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2 - NC: 2024:KHC:8777 WP No. 5495 of 2024

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GOKULA, BENGALURU - 560 054.

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THE SECRETARY, NANDA GOKULA LAYOUT, SY.NO.161, RAMASANDRA VILLAGE, KENGERI HOBLI - 560 060, BENGALURU SOUTH TALUK.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) SET ASIDE THE ORDER DATED 09/01/2024 ON IA NO. 1 IN EX. NO. 59/2023 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT (ANNEXURE-J). B) DIRECT THE PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT TO HEAR AND DISPOSE OF THE EXECUTION PETITION 59/2023 (ANNEXUREJ). C) ALLOW THIS WP AND GRANT SUCH OTHER RELIEFS.

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

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ORDER

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The petitioner was the plaintiff in O.S.No.1115/2017, which was for declaration of her title to the suit schedule property and for consequential declaration that the compromise decree dated 09.04.2012 passed in O.S.No.432/2012 was unenforceable and for direction to the defendants to hand over possession of the suit property and for perpetual injunction.

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3 - NC: 2024:KHC:8777 WP No. 5495 of 2024

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The said suit was decreed on 30.09.2022. Later

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an execution petition was filed in E.P.No.59/2023. Along with the execution petition an application under Order 21 Rule 22 of C.P.C. was filed seeking dispensation of notice to the defendants. The execution court without noticing the fact that the execution petition was filed within two years from the date of decree, issued a cause notice to the Judgment Debtor/s. Being aggrieved by the said order the decree holder is before this Court in this Writ Petition.

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The learned counsel for the petitioner now

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submits that he does not press I.A.No.1 filed before the execution Court in E.P.No.59/2023 and therefore, prays that the executing Court may be directed to take appropriate steps in the execution petition.

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In that view of the matter, the Writ Petition is disposed off, reserving liberty to the petitioner to withdraw I.A.No.1 filed under in E.P.No.59/2023, by filing appropriate memo before the executing court.

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NC: 2024:KHC:8777 WP No. 5495 of 2024

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If the application is withdrawn, the Court shall

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proceed in accordance with law to execute the judgment passed in O.S.No.1115/2017.

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Sd/JUDGE

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GSR List No.: 3 Sl No.: 13

Smt Yashodha Adhikari v. Sri K v Naidu

Case brief

What is this about?

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Smt Yashodha Adhikari v. Sri K v Naidu

Case brief

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