Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5836 WP No. 3412 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3412 OF 2025 (GM-CPC) BETWEEN:
SRI. RAJASEKHAR P S/O LATE PAPANNA AGED ABOUT 56 YEARS R/O HOSAHALLI VILLAGE JALA HOBLI, BENGALURU NORTH TALUK PRESENT YELAHANKA TALUK BENGALURU DISTRICT -562157 …PETITIONER (BY SRI. ONKARAPPA N D.,ADVOCATE) AND:
1.
SRI D V VEERABHADREGOWDA S/O LATE VENKATESHAPPA AGED ABOUT 51 YEARS
2.
SMT. JAYASHREE DEVI W/O D.V. VEERABHADRE GOWDA AGED ABOUT 46 YEARS BOTH ARE R/O VENKATESWARA NILAYA SAMPIGEHALLI ROAD JAKKUR VILLAGE, JALA HOBLI BENGALURU NORTH TALUK BENGALURU-560 064 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTION TO TRIAL COURT TO DISPOSE OF THE EXECUTUION PETITION EX PT. NO.402/2021 BY PASSING NECESSARY ORDERS AS PRAYED FOR IN THE PETITION, IT IS PRODUCED AT ANNEXURE-A OF THIS WRIT PETITION TO DISPOSE OF THE SAME BY PASSING NECESSARY ORDERS PENDING ON THE FILE
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5836 WP No. 3412 of 2025
OF XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH NO.23) IN EX PT. NO.402/2021 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner/Decree Holder/plaintiff, seeking a direction from this Court to the XXV Additional City Civil Judge, Bengaluru to dispose of Ex.Case No.402/2021, as expeditiously as possible.
2. In view of the prayer sought by the petitioner in this writ petition, service of notice to the respondents is not necessary.
3.
Learned counsel for the petitioner has submitted that the plaintiff has filed the suit for specific performance of the contract and the same was decreed on 17.10.2019 and thereby directed the defendants to execute the Sale Deed in favour of the plaintiff. Since the defendants have not executed the sale deed, the Decree Holder has filed execution petition in Ex.Case No.402/2021 before the XXV
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NC: 2025:KHC:5836 WP No. 3412 of 2025
Additional City Civil Judge, Bengaluru on 20.02.2021. Thereafter, the summons has been served on the defendants/Judgment Debtors, but they have not filed any objections. The Executing Court adjourned the matter for one or the other reasons without passing any order. He further submits that even the Decree Holder has filed I.A.No.1 under Order XXI Rule 34 of CPC. The same is pending consideration. Hence, he sought for a direction for early disposal of the execution petition.
4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. The XXV Additional City Civil Judge, Bengaluru is directed to dispose of execution case in Ex.Case No.402/2021, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 25