Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13519 WP No. 25886 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25886 OF 2024 (GM-CPC) BETWEEN:
SRI BHANUPRATAP, S/O K.B.GOWDA, AGED ABOUT 40 YEARS, R/A MUNIYAPALYA VILLAGE, KITNAMANGALA POST, KASABA HOBLI, KUNIGAL TALLUK, TUMKUR, KARNATAKA. …PETITIONER
(BY SRI P P HEGDE, SENIOR COUNSEL FOR SRI VENKATESH SOMAREDDY, ADVOCATE)
AND:
1.
STATE OF KARNATAKA, REP. BY CHIEF SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF WATER RESOURCES, VIDHANA SOUDHA, BANGALORE-560 001.
2.
THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI CHANNEL DIVISION, TUMKUR-572 101.
3.
THE CHIEF ENGINEER, HEMAVATHI NALA DIVISION, TUMKUR-572 101. …RESPONDENTS (BY SMT. ANITHA.N, AGA FOR R-1 & R-2)
Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13519 WP No. 25886 of 2024
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT 2 AND 3 TO DEPOSIT THE COMPENSATION AMOUNTS COVERED BY EXECUTION PETITION AS EX. C NO.
39/2023 ON THE FILE SENIOR CIVIIL JUDGE AND CJM AT TUMKUR VIDE ANNX-D WITHIN THE TIME FIXED BY THIS HON'BLE COURT AND DIRECT THE RESPONDENTS TO REPORT COMPLIANCE BEFORE THIS HON'BLE COURT ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. Learned Additional Government Advocate undertakes to appear for respondent Nos. 1 and 2.
2. This petition is filed by the petitioner seeking for a direction to the Executing Court to execute the attachment warrant issued by the Executing Court by order dated 02-12-2023.
3. The petitioner is a decree holder and has filed Execution Petition in EP No.39/2023 before the Principal Senior Civil Judge and CJM at Tumkur on 27-02-2023. The Executing Court has issued notice to the judgment
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NC: 2025:KHC:13519 WP No. 25886 of 2024
debtors. On 17-06-2023, it is noted that notice was duly served on the judgment debtors 1 and 2 and none appeared. Attachment of immoveable warrant has been issued against the judgment debtors. Thereafter, the
judgment debtors have been represented by the counsel who seeks time to file objections. To file objections, the matter was adjourned to 19-08-2023. Again, the learned counsel for judgment debtors prayed for time and therefore, adjourned to 30-09-2023. Even on 30-09-2023 and on 02-12-2023, objections have not been filed. Again, they sought for time to file objections. Their request has been rejected. Again process has been paid to issue attachment of moveables of warrant against
judgment debtors. Thereafter, the matter has been posted on 02-03-2024, 20-04-2024 and on 20-07-2024. But as on today, the order dated 02-12-2023 has not been executed. Therefore, the petitioner decree/ holder is before this Court.
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NC: 2025:KHC:13519 WP No. 25886 of 2024
4. As the Executing Court has already passed an order on 02-12-2023 issuing attachment of moveables warrant against the judgment debtors and sofar, the same has not been executed. In view of the above, without expressing any opinion on merits of the case, the Executing Court is
directed to execute the
order dated 02-12-2023 issued for attachment of moveable against the
judgment debtors, as expeditiously as possible, not later than, six weeks from the date of receipt of the copy of this
order.
5. Accordingly, the writ petition is disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
tsn* List No.: 1 Sl No.: 23