Sri T H Manjunath Vs Sri G N Malleshappa

SRI S R SRESHYALA PRASANNA S/O RAJASHEKARAIAH AGED ABOUT 46 YEARS R/A SOMPURA VILLAGE HOLAVANAHALI HOBLI KORATAGERE TALUK TUMKUR DISTRICT, PINCODE-572121 (HE IS J.C REMANDED BY THE EXECUTING COURT)

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SRI S RAJANNA S/O LATE N SANJEEVAIAH AGED ABOUT 64 YEARS ADVOCATE

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R/A OPPOSITE PAVAN FLOUR MILL

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NC: 2025:KHC:41189-DB WP No. 15618 of 2022

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HC-KAR

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MELEKOTE ROAD, VEERASAGARA TUMKUR, PINCODE-572101.

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SRI T H SRINIVASA S/O LATE T D HULLURAIAH AGED ABOUT 44 YEARS R/A NEAR OLD TILES FACTORY KOTHI-THOPPU, TUMKUR TOWN PINCODE-572102.

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SRI C N PURUSHOTHAM S/O NARASIMHAMURTHY AGED ABOUT 42 YEARS R/A CHIKKANAHALLI VILLAGE KORATAGERE TALUK

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TUMKUR DISTRICT, PINCODE-572129.

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SMT B SUSHEELAMMA W/O RAJASHEKARAIAH AGED ABOUT 72 EYARS R/A SOMPURA VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT, PINCODE-572121.

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SRI N K SIDDARAJU S/O KALMANE KADAIAH AGED ABOUT 54 YEARS R/A NADULVALAPALYA VILLAGE CHIKKONAHALLI POST GUBBI TALUK, TUMKUR DISTRICT PINCODE-572216 (HE IS J C REMANDED BY THE EXECUTING COURT)

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SRI T H MOHANKUMAR S/O T K HULLURAIAH AGED ABOUT 42 YEARS R/A SOMPURA VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT-572121.

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NC: 2025:KHC:41189-DB WP No. 15618 of 2022

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HC-KAR

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SRI K KUMAR S/O KEMPANNA AGED ABOUT 42 YEARS R/A KATTIGANAHALLI VILLAGE SOMPURA POST HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT PINCODE-572121

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…PETITIONERS

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(BY SRI. SIDDAMALLAPPA P M., ADVOCATE; APPEAL AGAINST P8 IS DISMISSED (VIDE ORDER DATED:16.10.2025) (MEMO FILED BY ADVOCATE FOR PETITIONER IN O/C/H TAKEN ON RECORD K/B))

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AND:

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SRI G N MALLESHAPPA S/O LATE NANJAPPA AGED ABOUT 63 YEARS R/A SHARADA NILAYA BESIDE GOVERNMENT HOSPITAL KORATAGERE, TUMKUR DISTRICT PINCODE-572129.

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SMT SHARADAMMA W/O G N MALLESHAPPA AGED ABOUT 56 YEARS R/A SHARADA NILAYA BESIDE GOVERNMENT HOSPITAL KORATAGERE, TUMKUR DISTRICT PINCODE-572129.

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SRI G M RUDRAMURTHY S/O G N MALLESHAPPA AGED ABOUT 36 YEARS R/A SHARADA NILAYA BESIDE GOVERNMENT HOSPITAL KORATAGERE, TUMKUR DISTRICT PINCODE-572129.

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HC-KAR

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SRI G M SHIVANANDA S/O G N MALLESHAPPA AGED ABOUT 35 YEARS R/A SHARADA NILAYA BESIDE GOVERNMENT HOSPITAL KORATAGERE, TUMKUR DISTRICT PINCODE-572129.

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SRI G M VINAYKUMAR S/O G N MALLESHAPPA AGED ABOUT 36 YEARS R/A SHARADA NILAYA BESIDE GOVERNMENT HOSPITAL KORATAGERE, TUMKUR DISTRICT PINCODE-572129.

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SRI DINESH S/O G N MALLESHAPPA AGED ABOUT 34 YEARS R/A SHARADA NILAYA BESIDE GOVERNMENT HOSPITAL KORATAGERE, TUMKUR DISTRICT PINCODE-572129

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…RESPONDENTS

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(BY SRI. PRAKASH M PATIL., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 03.09.2018 PASSED IN EP No-24/2012 TO EP LNo-29/2012 BY THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, TUMKUR AS PER ANNEXURE-E AND THE ORDER DATED 25.07.2022 PASSED IN APPEAL No-1488/2018 TO APPEAL No1493/2018 BY THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, BANGALORE DATED 25.07.2022 AS PER ANNEXURE-F, ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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Learned counsel for the petitioners submits that petitioner No.8 died on 09.08.2023 and there are no legal heirs of petitioner No.8 to be brought on record. He has filed a memo dated 16.10.2025 to that effect.

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In view of the aforesaid, the writ petition filed on behalf of petitioner No.8 stands dismissed.

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The present writ petition has been filed impugning the order dated 03.09.2018 passed by the District Consumer Disputes Redressal Forum, Tumakuru in Execution Petition Nos.24/2012 to 29/2012. The petitioners have also challenged the order passed in Appeal Nos.1488-1493/2018 dated 25.07.2022 by the Karnataka State Consumer Disputes Redressal Commission, Bengaluru, whereby the petitioners' appeals were dismissed.

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HC-KAR

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So far as the order passed by the State Commission

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in the appeals is concerned, the writ petition is not maintainable since there is remedy of revision available under the provisions of the Consumer Protection Act, 1986 as amended in 2019 and therefore, the writ petition is dismissed so far as the challenge to the order passed in the appeals by the State Commission.

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Once the State Commission has dismissed the appeals and the petitioners have not challenged the said order in revision, we are of the considered view that the writ petition is not maintainable against the order passed in the Execution Petitions also when the order of the District Consumer Disputes Redressal Forum has attained finality.

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At this stage, learned counsel for the petitioners

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submits that the petitioners may be given some time to deposit the entire balance amount along with interest.

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Considering the said prayer, we grant the petitioners four weeks' time i.e., on or before 20.11.2025, to deposit the entire balance amount along with interest as per

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HC-KAR

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the order of the District Consumer Disputes Redressal Forum, Tumakuru and till then, the petitioners shall not be arrested. However, if the petitioners fail to deposit the amount as directed above, the order passed in the Execution Petitions shall be executed.

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With the aforesaid observations, the writ petition stands

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disposed of.

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Sd/(D K SINGH) JUDGE

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Sd/(RAJESH RAI K) JUDGE

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RKA List No.: 1 Sl No.: 15

Sri T H Manjunath v. Sri G N Malleshappa

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Sri T H Manjunath v. Sri G N Malleshappa

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