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2025 DAILYLAW 34067 (KAR)

SMT BHAGYAMMA v. SRI MAHADEVASWAMY

WP/24771/2023 · 2025-03-25

H T Narendra Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:12911 WP No. 24771 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 24771 OF 2023 (GM-CPC) BETWEEN: 1. SMT BHAGYAMMA W/O LATE NINGANNASWAMY @ NINGAPPA AGED ABOUT 60 YEARS 2. SRI BASAVANNA S/O LATE NINGANNASWAMY AGED ABOUT 35 YEARS 3. SRI PRABHU S/O LATE NINGANNASWAMY AGED ABOUT 33 YEARS ALL ARE R/AT DOORA VILLAGE JAYAPURA HOBLI MYSURU TALUK-570008. …PETITIONERS (BY SRI. NANJUNDA SWAMY N., ADVOCATE) AND: SRI MAHADEVASWAMY S/O LATE S M MAHADEVAPPA AGED ABOUT 55 YEARS R/A DOORA VILLAGE JAYAPURA HOBLI MYSURU TALUK-570008 …RESPONDENT (BY SRI.HANUMANTHAPPA B., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12911 WP No. 24771 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10/10/2023, PASSED ON IA NO. 6 BY THE XI ADDL. CIVIL JUDGE AND JMFC, MYSURU, IN EXECUTION PETITION NO. 212/2020, AS PER ANNEXURE-A 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 judgment debtors under Article 227 of the Constitution of India, challenging the order dated 10.10.2023 passed on IA No.VI in Ex.No.212/2020 by the XI Additional Civil Judge and JMFC, Mysuru, whereby the Executing Court dismissed the application filed by the judgment debtor No.2. 2. As per the execution petition filed by the decree holder, the judgment debtor has to pay a sum of Rs.4,06,300/-. When the matter was pending before the Executing Court, as per the directions of this Court dated 15.11.2023, 21.11.2023 and 10.12.2024, the judgment debtors deposited a sum of Rs.1,00,000/- each, totally, Rs.3,00,000/- before the Executing Court. Today, the judgment debtors paid a sum of Rs.1,00,000/- by way of - 3 - NC: 2025:KHC:12911 WP No. 24771 of 2023 demand draft and Rs.6,300/- in cash. The same has been accepted by the decree holder, who is present before the court. 3. The learned counsel for the petitioners, on instructions, submits that, since the judgment debtors satisfied the decree, execution petition may be closed. 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) Since the decree is satisfied, Ex.No.212/2020 filed by the decree holder is closed. (iii) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 41