Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 41209 (KAR)

SRI POORANA PRAGNA EDUCATION v. SRI GANGADHRAIAH

WP/47429/2018 · 2025-10-28

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:42813 WP No. 47429 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 47429 OF 2018 (GM-CPC) BETWEEN: 1. SRI POORANA PRAGNA EDUCATION SOCIETY RAJENDRANAGAR CHITHRADURGA - 577 536 REPRESENTED BY ITS SECRETARY SMT D B VEENA W/O SRI RANGASWAMY AGED ABOUT 46 YEARS. 2. SRI RANGASWAMY S/O NINGAPPA R/O # 90/A, VIDYANAGAR FIRST CROSS, DASHAVATHARA TEMPLE ROAD, CHIKKANAYAKANAHALLI TUMKUR DISTRICT TUMKUR -577 214. …PETITIONERS (BY SRI SAGAR B.B, ADV.) AND: 1. SRI GANGADHRAIAH S/O GIRIYAPPA THITTAMEGHALAPALYA KEMPANNAHALLI ANCHE KUNIGAL TALUK TUMKUR DISTRICT TUMKUR - 572 105. 2. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION UNIVERSITY M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENT BY ITS SECRETARY. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42813 WP No. 47429 of 2018 …RESPONDENTS (BY SRI VIJAYA KUMAR V.B, ADV., FOR R-1; SMT. RADHA RAMASWAMY, AGA FOR R-2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.09.2018 PASSED ON I.A.NO.1 IN EX.NO.94/2018 IN THE COURT OF PRINCIPAL DISTRICT AND SESSION JUDGE AT CHITHRADURGA VIDE ANNEXURE-U. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition arises out of the order passed on I.A.Nos.I and II in Ex.P.No.94/2018 passed by the Court of Principal District & Sessions Judge, Chitradurga. 2. Heard the learned counsel appearing for the parties. 3. It is brought to the notice of this Court that Ex.P.No.94/2018 has been closed by the executing Court on 08.04.2025. I.A.No.I and II were filed questioning the maintainability of the execution petition. Therefore, this writ petition which arises out of order's passed on I.A.Nos.I and II in Ex.P.No.94/2018 will not survive for consideration. - 3 - HC-KAR NC: 2025:KHC:42813 WP No. 47429 of 2018 4. Accordingly, this writ petition is dismissed having rendered infructuous. 5. However, in the event, execution petition is revived or if the decree holder files a fresh execution petition, the petitioners are always at liberty to question the maintainability of the said proceedings by filing appropriate application in the said proceedings. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 30