Dr Syamala Reddy Vs Smt. M Manju

M/S SGR TECHNICAL EDUCATION SOCIETY (REGD) PRESENTED BY ITS CHAIRPERSON DR. SYAMALA EDDY HAVING ITS OFFICE AT NO.298, 7^TH CROSS, DOMLUR LAYOUT BENGALURU - 560 071.

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AND ALSO AT NO.111/1, GSR COLLEGE MAIN ROAD MUNNEKOLALA, MARATHAHALLI POST BENGALURU - 560 037.

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…PETITIONERS

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(BY SRI. VIJAYA KUMAR K, ADVOCATE)

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AND:

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SMT. M. MANJU W/O DEEPU NARAYANA PILLAI AGED ABOUT 41 YEARS

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NC: 2025:KHC:51412 WP No. 528 of 2022

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HC-KAR

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R/AT FLAT NO.206, PRISIM SOVEREIGN APARTMENTS 12TH CROSS ROAD, BEML LAYOUT BENGALURU - 560 066.

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EXECUTIVE SECRETARY

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DR. SYAMALA REDDY DENTAL COLLEGE HOSPITAL AND RESEARCH CENTRE NO.111/1, SGR COLLEGE MAIN ROAD MUNNEKOLALA, MARATHAHALLI POST BENGALURU - 560 037.

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…RESPONDENTS

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(BY SRI. RAJA R, ADVOCATE FOR R1; VIDE ORDER DATED 14.01.2022, NOTICE TO R2 IS DISPENSED WITH)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN EX PETITION NO.1744/2020 PENDING ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY (CCH-27) AND SET ASIDE THE ORDER DTD.10.12.2021 PASSED ON IA O.2 UNDER SECTION 151 OF THE CPC IN EX PETITION O.1744/2020 ANNEXURE-A AND CONSEQUENTLY ISSUED A WRIT OF MANDAMUS OR ANY OTHER DIRECTION/ORDERS DIRECTING THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY (CCH27) TO CONSIDER AND DISPOSE I.A.1 FILED BY THE PETITIONERS UNDER SECTION 47 OF THE CPC ANNEXURE-B WITHIN A REASONABLE TIME BY ALLOWING THIS W.P. AND ETC.,

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NC: 2025:KHC:51412 WP No. 528 of 2022

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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The petitioners are before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 10.12.2021 passed on I.A.No.2 in Execution Petition No.1744/2020 by the XII Additional City Civil

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and Sessions Judge at Bengaluru and also to issue a writ of mandamus to direct the Executing Court to dispose of I.A.No.1 filed by the petitioners under Section 47 of CPC within a reasonable time.

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Heard the learned counsel for the parties.

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Learned counsel for the petitioner submits that

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petitioners were not parties to the suit in O.S.No.7050/2017. Execution Petition No.1744/2020 is filed by the decree holder in O.S.No.7050/2017 for executing the money decree passed in O.S.No.7050/2017. Petitioners herein have challenged the judgment and decree passed in O.S.No.7050/2017 before this Court in RFA No.84/2022 and this Court has stayed the further

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NC: 2025:KHC:51412 WP No. 528 of 2022

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HC-KAR

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proceedings in the execution petition in the said appeal. He submits that the aforesaid writ petition therefore will not survive for consideration and this petition may be dismissed with liberty to the petitioner to urge all the grounds raised in this petition in the regular first appeal in R.F.A.No.84/2022 filed by the petitioners herein challenging the judgment and decree passed in O.S.No.7050/2017.

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The afore said submission is placed on record.

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The writ petition is accordingly dismissed with

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liberty as prayed for.

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It is noticed that this Court, while granting interim order in this writ petition had directed the petitioners to deposit a sum of ₹2,00,000/- (Rupees Two Lakhs only) before the Executing Court and the learned counsel for the petitioners has submitted that the petitioners have complied with the order passed by this Court and have deposited a sum of ₹2,00,000/(Rupees Two Lakhs only) before the Executing Court.

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