- 1 - NC: 2025:KHC-D:1633 WP No. 101351 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101351 OF 2022 (GM-CPC) BETWEEN: SHRI. JAYANTILAL S/O LALCHAND BHANDARI AGE. 57 YEARS, OCC. BUSINESS R/O. FLAT NO. 403, 4TH FLOOR, SHINDE COMPLEX, NEELIGIN ROAD, HUBLI-580029. …PETITIONER (BY SRI. PRASHANT F. GOUDAR, ADVOCATE) AND: 1. MR. NARASIMHA S/O RAMANNA SHETTY AGE. 65 YEARS, OCC. BUSINESS R/O. LINGARAJ NAGAR, HUBLI-580031. 2. SMT. SINDHU W/O SHRINIVAS PRABHU AGE. 48 YEARS, OCC. HOUSEHOLD R/O.H.NO.26, VISHWESHWAR NAGAR, HUBLI-580032. 3. SMT. SWATHI W/O ASHOK PARABHU AGE. 46 YEARS, OCC. HOUSEHOLD R/O.H.NO.26, VISHWESHWAR NAGAR, HUBLI-580032. 4. SHRI SURAJ S/O SHRINIVAS PRABHU AGE. 42 YEARS, OCC. BUSINESS R/O.H.NO.26, VISHWESHWAR NAGAR, HUBLI-580032. …RESPONDENTS (BY SRI. V.M.SHEELAVANT, ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1633 WP No. 101351 of 2022 SRI ROHIT.LSHEELAVANT AND SRI VINAY S.KOUJALAGI, ADVOCATES FOR R1; NOTICE TO R2 AND R4-SERVED; NOTICE TO R3 IS DISPENSED WITH) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE EXECUTION PROCEEDINGS IN E.P.NO.403/2007 ON THE FILE OF THE IIND ADDL C.J.DN.HUBLI PRODUCED AND MARKED VIDE ANNEXURE-E AND ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING ALL THE CONSEQUENTIAL PROCEEDINGS OF; A. APPOINTMENT OF THE COURT COMMISSIONER VIDE ORDER DATED 05.10.2007 IN E.P.NO.403/2007 VIDE ANNEXURE-F PASSED BY PRL.CIVIL JUDGE (SR.DN) HUBBALLI. B. EXECUTION OF THE REGISTERED SALE DEED BY THE COURT APPOINTED COMMISSIONER IN FAVOUR OF THE RESPONDENT NO.1 ON 05.10.2007 VIDE ANNEXURE-J, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) Despite the order dated 20.01.2025, once again an adjournment is sought for by the petitioner. The said - 3 - NC: 2025:KHC-D:1633 WP No. 101351 of 2022 adjournment cannot be granted in view of the peremptory order. The petition is dismissed for non-prosecution. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 5