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2025 DAILYLAW 64056 (KAR)

N. AMEER BASHA S/O MOHAMMED ALI v. RAGHAVENDRA S/O JATTA NAIK

WP/109063/2025 · 2025-12-01

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16833 WP No. 109063 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109063 OF 2025 (GM-RES) BETWEEN: N. AMEER BASHA S/O. MOHAMMED ALI, AGE. 47 YEARS, OCC. PRIVATE WORK, R/O. ROSHAN STREET, MAGDOOM COLONY, BHATKAL, TQ. BHATKAL – 581 320, DIST. UTTAR KANNADA. …PETITIONER (BY SRI. D. J. NAIK, ADVOCATE) AND: 1. RAGHAVENDRA S/O. JATTA NAIK, AGE. 50 YEARS, OCC. PRIVATE WORK, R/O. TENGINGUNDI, BHATKAL, TQ. BHATKAL-581 320, DIST. UTTAR KANNADA. 2. SAYED JMALUDDIN IKRAM S/O. BURHANUDDIN, AGE. 50 YEARS, OCC. PRIVATE WORK, R/O. GANDHINAGAR, HEBLE, BHATKAL, TQ. BHATKAL- 581 320, DIST. UTTAR KANNADA. 3. THE MANAGER, GURUKRUPRA CREDIT CO-OP SOCIETY LTD., BHATKAL, DIST. UTTAR KANNADA – 581 320. 4. NAGAPPA S/O. JATTA NAIK, AGE. 62 YEARS, OCC. PRIVATE WORK, R/O. TENGINGUNDI, BHATKAL, TQ. BHATKAL – 581 320. DIST. UTTAR KANNADA Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16833 WP No. 109063 of 2025 REPRESENTED BY HIS GPA HOLDER SURESH S/O NAGAPPA NAIK AGE. 26 YEARS, OCC. PRIVATE WORK, R/O. TENGINGUNDI HEBLE VILLAGE, BHATKAL, TQ. BHATKAL-581 320, DIST. UTTAR KANNADA. 5. SOMAYYA S/O. JATTA NAIK, AGE. 58 YEARS, OCC. PRIVATE WORK, R/O. TENGINGUNDI, BHATKAL, TQ. BHATKAL- 581 320, DIST. UTTAR KANNADA. 6. JATTA S/O. DURGAPPA NAIK, AGE. 58 YEARS, R/O. TENGINGUNDI, BHATKAL, TQ. BHATKAL – 581 320, DIST. UTTAR KANNADA. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENT/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO COMPLY THE JUDGMENT AND DECREE PASSED IN OS NO. 41/2012 DATED. 21-12-2019 BY THE COURT OF PRL. CIVIL JUDGE, BHATKAL AND TO EXECUTE THE SALE DEED PERTAINING THE SUIT SCHEDULE PROPERTY VIDE ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16833 WP No. 109063 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. “Issue writ of Mandamus directing the respondent no.1 to comply the Judgment and decree passed in O.S No. 41/2012 dated 21-12-2019 by the court of Prl. Civil Judge, Bhatkal and to execute the sale deed pertaining the suit schedule property Vide Annexure-A. b. Pass such other order as this Hon’ble court deems fit and proper under the facts circumstances of the case to meet the ends of justice and equity.” 2. The petitioner is stated to be one of the parties in O.S.No.41/2012. The appeal filed by the 2nd respondent in R.A.No.20/2018 against the said judgment and decree is said to have been dismissed. Therefore, the petitioner is before this Court seeking a direction to the respondents to register the sale deed. The respondents, however, are private individuals, and the relief sought is one that must be pursued before the execution court. - 4 - HC-KAR NC: 2025:KHC-D:16833 WP No. 109063 of 2025 3. In that view of the matter, reserving liberty to the petitioner to avail such remedy as is available in law, the petition stands disposed of. 4. Ordered Accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 2 Sl No.: 77