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High Court of Karnataka · body

2025 DAILYLAW 36109 (KAR)

MR PRERNA PAI v. STATE OF KARNATAKA

WP/33215/2024 · 2025-01-09

G Basavaraja, Krishna S Dixit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:662-DB WP No. 33215 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 33215 OF 2024 (GM-CON) BETWEEN: 1. MR. PRERNA PAI, AGED ABOUT 35 YEARS, B-908, KRISHNA APARTMENT, 170/1, 16TH MAIN, BTM 1ST STAGE, BANGALORE-560 068. 2. SAVITA SHARMA, AGED ABOUT 46 YEARS, NO. A12, ALMOND TREE, KENCHENEHALLI, YELAHANKA, BANGALORE-560 064. 3. SATHYANARAYANAN S, AGED ABOUT 49 YEARS, NO.A12, ALMOND TREE, KENCHENEHALLI, YELAHANKA, BANGALORE-560 064. 4. BALJEET SINGH, AGED ABOUT 43 YEARS, E-802, JALVAYU HEIGHTS, HMT MAIN ROAD, JALAHALLI, BANGALORE-560 013. 5. KULPREET BHUI, AGED ABOUT 42 YEARS, E-802, JALVAYU HEIGHTS, HMT MAIN ROAD, JALAHALLI, BANGALORE – 560 013. …PETITIONERS (BY SRI. RICAB CHAND K., ADVOCATE) Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:662-DB WP No. 33215 of 2024 AND: 1. STATE OF KARNATAKA, THROUGH GOVERNMENT COUNSEL, HON'BLE HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBAN DISTRICT, BENGALURU-560 009. EMAIL: DCURBAN@NIC.IN 3. THE SPECIAL TEHSILDAR, YELAHANKA TALUK, NES OFFICE ROAD, SUGAPPA LAYOUT, EAST COLONY, YELAHANKA, BENGALURU-560 064. EMAIL THASILDARYBK@GMAIL.COM 4. MRS. SULATHA GRISELDA ERIC, AGED ABOUT 49 YEARS, SUBIN RESIDENCY, FLAT NO. 104, BDS GARDEN, BEHIND ST MICHAELS HIGH SCHOOL, HENNUR MAIN ROAD, KOTHANUR, BENGALURU-560 077, KARNATAKA. 5. MR. PRAMOD FRANCIS, AGED ABOUT 51 YEARS, SUBIN RESIDENCY, FLAT NO. 104, BDS GARDEN, BEHIND ST MICHAELS HIGH SCHOOL, HENNUR MAIN ROAD, KOTHANUR, BENGALURU-560 077, KARNATAKA. 6. JASMA MERCHANT, AGED ABOUT 40 YEARS, SCHLEHENWEG 11, 74321 BIETIGHEIM-BISSINGEN, GERMANY. - 3 - NC: 2025:KHC:662-DB WP No. 33215 of 2024 7. PAYAL MERCHANT, AGED ABOUT 43 YEARS, FELLBACHER STR. 58, FELLBACH 70736, GERMANY. …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1 TO R3; NOTICE TO R4-R7-D/W V.C.O DATED 9/1/2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE AN APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA DIRECTING THE RESPONDENT No. 2 AND 3 TO FORTHWITH AND/OR AT THE EARLIEST AND/OR WITHIN A PERIOD BE FIXED BY THIS HONBLE COURT CALLING UPON RESPONDENT No. 2 AND RESPONDENT No. 3 TO EXECUTE THE WARRANT OF ATTACHMENT/PUBLIC AUCTION DATED 21ST FEBRUARY, 2024 IN EXECUTION APPLICATION No. 354 OF 2023 IN CONSUMER COMPLAINT No. 923 OF 2017 (ANNEXURE A) TO CARRY OUT THE ATTACHMENT AND PUBLIC AUCTION OF THE PROPERTIES MENTIONED IN THE SAID WARRANT OF ATTACHMENT/PUBLIC AUCTION ISSUED BY THE HONBLE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) The short grievance of the petitioners is as to long pendency of accomplishing the execution of warrant of attachment dated 21.02.2024. Learned HCGP on request - 4 - NC: 2025:KHC:662-DB WP No. 33215 of 2024 appearing for the official respondent Nos.1 to 3 and notice to private respondents having been dispensed with, submits that she would speak to the concerned officers to expedite the execution process. In the above circumstances, this petition is disposed off fixing a period of eight weeks for accomplishing the task in aid of execution. All contentions of the parties are kept open. Registry to send a copy of this order to respondent Nos.4 to 7 by Speed Post, forthwith. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE cbc List No.: 1 Sl No.: 30