Judgment debtor challenged the rejection of his Order XXI Rule 29 application in an execution case before the trial court. As proceedings were already stayed in Misc.No.5/2023, the writ petition became infructuous and was dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 9423 OF 2024 (GM-CPC)
BETWEEN:
T. SRINIVASA S/O. LATE THIMMAPPA, AGED ABOUT 46 YEARS, OCCUPATION:AGRICULTURIST, R/O. ARASINGAGHATTA VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577221.
…PETITIONER
(BY SRI. HANUMANTHAPPA A., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
M. SUBENDRA RAO S/O LATE MALLARI RAO, AGED 72 YEARS, OCC: MONEY LENDER, R/O NO.1663/1B, 11TH MAIN, 11TH CROSS, SIDDAVEERAPPA BADAVANE, DAVANAGERE-577004.
(BY SRI. BHARGAV G., ADVOCATE)
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EX. NO.24/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT CHANNAGIRI AND SET-ASIDE THE ORDER DATED 15.03.2024 PASSED IN EX. NO.24/2022 ON THE FILE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, VIDE ANNEXURE-H AND RESTRAIN THE DECREE HOLDER NOT TO PROCEED TILL THE DISPOSAL OF THE MISC P.NO.5/2023.
NC: 2024:KHC:50706 WP No. 9423 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The judgment debtor in Ex.P.No.24/2022 on the file of Senior Civil Judge and JMFC, Channagiri has filed this petition challenging the correctness of an order dated 15.03.2024, by which an application (I.A.No.2) filed by him under Order XXI Rule 29 of Civil Procedure Code was rejected.
Petitioner to serve notice on the counsel appearing for the respondent appearing before the Executing court.
In the meanwhile, for the limited purpose of enabling the petitioner to obtain appropriate interim orders in Misc.No.5/2023 before the trial court, all further proceedings in Ex.No.24/2022 pending on the file of Senior Civil Judge and JMFC, Channagiri, are hereby stayed till the next date of hearing.
It is made clear that in the event, the petitioner does not obtain appropriate interim orders in Misc.No.5/2023 by the next date of hearing, the present petition shall stand automatically dismissed without further orders from the Court. Re-list on 05.06.2024.
Liberty is reserved in favour of respondents to seek vacation / modification of this order."
petitioner that the proceedings in Ex.P.No.24/2022 is now stayed in Misc.No.5/2023.
does not survive for consideration and the same stands disposed off.
Sd/(R. NATARAJ) JUDGE
HJ
List No.: 1 Sl No.: 58
1 provisions across 1 enactments
T. Srinivasa
M. Subendra Rao
R. Nataraj
As recorded by the court registry
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