SMT. AFSHA W/O. MOHAMMAD SAYEED v. FAKIRAPPA S/O. YALLAPPA KAMOJI, OCC. AGRICULTURE
WP/100253/2023 · 2025-12-15
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60413 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60413 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:18306 WP No. 100253 of 2023
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100253 OF 2023 (GM-CPC)
BETWEEN:
SMT. AFSHA W/O. MOHAMMAD SAYEED JAKKALI AGE: 52 YEARS, OCC: AGRICULTURE, R/O. VIVEKANANAD NAGAR, TQ. AND DIST: GADAG-582102. …PETITIONER (BY SRI. G.N.NARASAMMANAVAR, ADVOCATE)
AND:
FAKIRAPPA S/O. YALLAPPA KAMOJI, AGE: 54 YEARS, OCC: AGRICULTURE, BANDI ONI MULAGUND, TQ. AND DIST: GADAG-582117. …RESPONDENT
(NOTICE TO SOLE RESPONDENT IS HELD SUFFICIENT)
THIS WP IS FILED PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER ON I.A. NO. III DATED 18.03.2021 IN EXECUTION PETITION NO. 62/2016 PASSED BY THE COURT OF THE ADDL. SENIOR CIVIL JUDGE GADAG, I.E. VIDE ANNEXURE-F AND ETC.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:16 +0530
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HC-KAR NC: 2025:KHC-D:18306 WP No. 100253 of 2023
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Learned counsel for the petitioner submits that the
judgment debtor/respondent remained absent in the execution proceeding in E.P.No.62/2016 on the file of Additional Senior Civil Judge, Gadag. It is further submitted that the suit is filed to execute the decree for specific performance in respect of property bearing Survey No. 653/3B of Mulgund Village, Taluk, Gadag.
2.
Learned counsel submits that when the Execution Petition was filed, the revenue authorities had changed the property number as such, the petitioner filed an application to amend the Survey Number in the Execution Petition. Said application is rejected. Hence the present petition is filed.
3. It is further submitted by the learned counsel for the petitioner that now the revenue records have been further
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HC-KAR NC: 2025:KHC-D:18306 WP No. 100253 of 2023
changed and original number 653/3B is reflected in the revenue records.
4. Accordingly, writ petition is disposed. The petitioner is at liberty to proceed further in respect of property bearing Survey Number 653/3B as per the decree.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
BRN Ct:vh List No.: 1 Sl No.: 80