M/S BEL KARNATAKA KARMIKARA HITHARAKSHAKA SAMITHI (R) v. SRINIVASA M
WP/3963/2024 · 2025-06-20
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16089 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16089 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:21417 WP No. 3963 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3963 OF 2024 (GM-CPC) BETWEEN:
1.
M/S. BEL KARNATAKA KARMIKARA HITHARAKSHAKA SAMITHI (R) OFFICE AT BEL KARMIKARA GRUHA NIRMANA SANGHA, RAJATHA BHAVANA ROAD, JALAHALLI POST, BENGALURU - 560 013, REPRESENTED BY ITS AUTHORISED SIGNATORY GENERAL SECRETARY.
2.
THE GENERAL SECRETARY/ AUTHORIZED SIGNATORY, M/S BEL KARNATAKA KARMIKARA HITHARAKSHAKA SAMITHI(R), OFFICE AT: BEL KARMIKARA GRUHA NIRMANA SANGHA, RAJATHA BHAVANA ROAD JALAHALLI POST, BENGALURU - 560 013, REPRESENTED BY ITS AUTHORISED SIGNATORY.
3.
THE TREASURER/AUTHORIZED SIGNATORY, M/S BEL KARNATAKA KARMIKARA HITHARAKSHANA SAMITHI(R), OFFICE AT BEL KARMIKARA GRUHA NIRMANA SANGHA, RAJATHA BHAVANA ROAD, JALAHALLI POST, BENGALURU - 560 013, REPRESENTED BY ITS AUTHORISED SIGNATORY. …PETITIONERS (BY SRI. G.M. CHANDRASHEKAR, ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:21417 WP No. 3963 of 2024
AND:
SRINIVASA M, S/O LATE T. MUNIKRISHNAPPA, AGED ABOUT 59 YEARS, R/A NO.9/1, B-STREET, 10TH CROSS, MAGADI ROAD, BENGALURU - 560 023. …RESPONDENT (BY SRI. ANANDA V, ADVOCATE FOR SRI. JAGADEESH MUNDARAGI, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS.
B) SET ASIDE THE SAID IMPUGNED ORDER DATED 20/12/2023 ON IA NO. I (COMMON ORDER ON IA NO. I TO III) ON THE FILE OF THE VIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-15) AT BENGALURU IN EXECUTION NO. 2570/2023, PRODUCED AT ANNEXURE-D AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers:
"a) Call for records.
b) Set-aside the said impugned
Order dated 20.12.2023 on IA No.1 (common order on IA No.I to III) on the file of the VIII Additional City Civil & Sessions Judge (CCH-15) at Bengaluru in Execution No.2570/2023, produced at Annexure- D.
c) Issue any other Order or Writ or Directions as this Hon'ble Court deems fit in the circumstances of
- 3 -
HC-KAR NC: 2025:KHC:21417 WP No. 3963 of 2024
the case and for cost, in the interest of justice and equity."
2. Heard Shri G.M. Chandrashekar, learned counsel appearing for the petitioners and Shri Ananda V. learned counsel for Shri Jagadeesh Mundaragi, learned counsel appearing for the respondent.
3. The co-ordinate bench of this Court on 12.02.2024 had passed the following order:
"Learned counsel for the petitioners submits that petitioners are the judgment debtor Nos.1, 3 and 4 in the instant execution proceedings in Ex. Petition No.2570/2023 filed by respondent No.1/decree holder to enforce and implement the judgment and decree dated 30.06.2023 passed in O.S.No.6418/2021 on the file of the VIII Additional City Civil and Sessions Judge, Bengaluru.
It is submitted that aggrieved by the ex-parte
judgment and decree, some of the petitioners have filed Miscellaneous No.1184/2023 in which they have sought for stay and the said application is pending consideration before the Trial Court.
It is submitted that if some reasonable time is granted, petitioners would take steps to obtain interim
order in the said Miscellaneous case.
The submission is placed on record.
Issue emergent notice to the respondent returnable by 01st March 2024.
In the meanwhile, for limited purpose of enabling the petitioners to obtain appropriate interim order in Miscellaneous No.1184/2023, all further proceedings in
- 4 -
HC-KAR NC: 2025:KHC:21417 WP No. 3963 of 2024
Execution Petition No.2570/2023 are stayed till next date of hearing."
Interim order was granted for the limited purpose for enabling the petitioner to obtain an appropriate interim order in Misc.No.1184/2023. Therefore, the proceedings in execution petition stood stayed.
4. The learned counsel appearing for the respondent submits that Misc.No.1184/2023 is dismissed on 24.02.2025.
5. Therefore, there is no warrant to continue the interim order or even to entertain the petition. All contentions that are urged before this Court, the petitioner is at liberty to urge before the concerned Court.
6. With the aforesaid observations, finding no perversity in the order impugned for entertainment of a petition under Article 227 of the Constitution of India, the petition stands rejected.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 3/CT:BHK