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2025 DAILYLAW 21219 (KAR)

SMT. LAKSHMI v. SRI. B. SHANKARADEVEGOWDA

WP/8611/2022 · 2025-01-15

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1533 WP No. 8611 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8611 OF 2022 (GM-CPC) BETWEEN: 1. SMT. LAKSHMI W/O N.MADAN KUMAR @ MADAIAH AGED ABOUT 43 YEARS 2. SRI. YESHWANTH S/O N.MADAN KUMAR @ MADAIAH AGED ABOUT 21 YEARS BOTH ARE R/AT 2nd CROSS BASAVESHWARA BADAVANE KYATHSANDRA,TUMAKURU TOWN-572104. …PETITIONERS (BY SRI. HARISH N.R.,ADVOCATE) AND: 1. SRI. B. SHANKARADEVE GOWDA S/O LATE BOREGOWDA AGED ABOUT 76 YEARS R/AT NO.109,OPP. ST MARKS SCHOOL 1st CROSS, 6th A MAIN ROAD T DASARAHALLI, BHUVANESHWARI NAGARA BENGALURU 560 057. 2. SMT. HARINI D/O N.MADAN KUMAR @ MADAIAH AGED ABOUT 20 YEARS R/AT SADSHIVANAGARA TUMAKURU TOWN, TUMAKURU-572 101 …RESPONDENTS (BY SRI. JEEVAN KUMAR B S.,ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 21.04.2022) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1533 WP No. 8611 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF WRIT QUASHING THE ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC KUNIGAL IN EX. 14/2014 DATED 01.02.2022 VIDE ANNEXURE-E AND DIRECT THE EXECUTING COURT TO PERMIT THE JDR NO.1 TO 3 TO CONTEST THE EXECUTION PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. The learned counsel for the respondent No.1 has filed a memo stating that against the judgment and decree dated 19.10.2013 passed by the Trial Court in O.S.No.9/2013, the petitioners herein had preferred R.A.No.82/2022 before the Principal District and Sessions Judge, Tumakuru. In the said appeal, the further proceedings of Execution Petition No.14/2014 is stayed. Therefore, the prayer sought in this writ petition does not survive for consideration. - 3 - NC: 2025:KHC:1533 WP No. 8611 of 2022 2. The memo is placed on record. 3. In view of the above, the writ petition is disposed of. 4. The Court of VI Addl. District and Sessions Judge, Tumkauru, is directed to dispose of R.A.No.82/2022 in accordance with law and as expeditiously as possible not later than eights months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 85