Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 24731 (KAR)

B V RAVEEN v. SMT. SHARADAMMA

WP/13353/2025 · 2025-05-02

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18058 WP No. 13353 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13353 OF 2025 (GM-CPC) BETWEEN: B V RAVEEN S/O LATE B V CHALLAM AGED ABOUT 60 YEARS R/AT SY NO.107,NAGEGOWDANA PALYA ROAD BSK 6TH STAGE, FURTHER EXTENSION 4TH B BLOCK, 23RD MAIN, BANGALORE-62 …PETITIONER (BY SMT. RASHMI SAGAR, ADVOCATE FOR SRI. RAGHU PRASAD B S., ADVOCATE) AND: 1. SMT. SHARADAMMA AGED ABOUT 52 YEARS W/O LATE K KEMPAREVANNA 2. RAJU K K SINDE DEAD REP BY LR’S SMT SANDHYA W/O LATE RAJU MAJOR, 3. TARUN S/O LATE RAJU AGED ABOUT 15 YEARS 4. KUMARI YESHWASWINI D/O LATE RAJU AGED ABOUT 10 YEARS SINCE R3 AND R4 MINORS REPRESENTED BY MOTHER AND NATURAL GUARDIAN Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:18058 WP No. 13353 of 2025 RESPONDENT NO.2, SMT SANDHYA. 5. PUNITH KUMAR AGED ABOUT 24 YEARS S/O LATE K KEMPAREVANNA 6. RENU KUMAR AGED ABOUT 19 YEARS S/O LATE KEPAREVANNA 7. KUMARASWAMY AGED ABOUT 18 YEARS S/O LATE K KEMPAREVANNA ALL ARE R/AT NELAGULI VILLAGE BOLARE POST, UTTARAHALLI HOBLI BANGALORE-560082. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 CONSTITUTION OF INDIA PRAYING TO-DIRECT TO TRIAL COURT TO PASS ORDER ON IA NO. 1 AND IA NO. 2 PRODUCED AT ANNEXURE-D AND F, DIRECT TO TRIAL COURT FOR EARLY DISPOSAL OF THE EXECUTION PETITION EX 11/2021 ON THE FILE OF PRL. SENIOR CIVIL JUDGE BENGALURU RURAL, BENGALURU 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 This writ petition is filed by the decree-holder under Article 227 of the Constitution of India, seeking the following reliefs: - 3 - NC: 2025:KHC:18058 WP No. 13353 of 2025 “(a) A writ in the nature of mandamus issuing direction to trial court to pass order on IA Nos. 1 and 2 produced at Annexures D and F filed before Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru. (b) A writ in the nature of mandamus issuing direction to trial court for early disposal of the execution petition Ex.No.11/2021 on the file of Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru.” 2. The plaintiff filed a suit for specific performance of the contract in O.S.No.983/2015. The suit was decreed by a compromise petition before the Lok-Adalat on 14.09.2019. Thereafter, the petitioner/decree-holder filed execution petition before the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru in Ex.No.11/2021. During the pendency of the execution petition, the petitioner/decree-holder filed an application under Section 151 of CPC, seeking a direction to the judgment debtor to deposit the balance sale consideration amount of Rs.2,50,000/- and another application under Order 26 Rule 9 of CPC for appointment of the Commissioner for - 4 - NC: 2025:KHC:18058 WP No. 13353 of 2025 execution of the sale deed. Since no order has been passed, the petitioner is before this Court seeking for early disposal of the said applications. 3. In view of the above, without expressing any opinion on the merits of the case, the trial court is directed to dispose of the applications filed by the petitioner/decree-holder under Order 26 Rule 9 of CPC and under Section 151 of CPC, as expeditiously as possible, not later than four months from the date of receipt of a copy of this order. 4. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 45