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2025 DAILYLAW 68918 (KAR)

THE MANAGING DIRECTOR v. K. BALARAMU

WP/52332/2019 · 2025-10-24

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42092 WP No. 52332 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 52332 OF 2019 (GM-CPC) BETWEEN: THE MANAGING DIRECTOR KARNATAKA ROAD DEVELOPMENT CORPORATION, SAMPARAKA BAVANA OPP. ORIAN MALL, DR. RAJKUMAR ROAD RAJAJINAGARA, BANGALORE - 560 010. …PETITIONER (BY SRI VIJAYA KUMAR, ADV.) AND: 1. K. BALARAMU S/O. LATE KALASIDDEGOWDA MAJOR R/O. GOSEGOWDARA BEEDI SRIRANGAPATTANA TOWN - 577 011. 2. THE SPECIAL LAND ACQUISITION OFFICER, PANDAVAPURA - 577 110. 3. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA M.S. BUILDINGS, BANGALORE - 560 001. 4. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 577 001. 5. THE EXECUTIVE ENGINEER P.W.D, MANDYA - 577 001. …RESPONDENTS (BY SMT. RADHA RAMASWAMY, AGA FOR R-2 TO R-5; SRI K.N. SUBBAREDDY, ADV., FOR R-1; WP ABATED AGAINST R-1 V/O DTD:02.07.2025) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42092 WP No. 52332 of 2019 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO THE IMPUGNED ORDER DATED 17.10.2019 PASSED IN I.A.1/2019 FILED IN EX.P.NO.21/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATANA (ANNEXURE-A) AND AFTER PERUSAL SET ASIDE AND THE SAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed assailing the order dated 17.10.2019 passed on I.A.No.I in Execution petition 21/2017 pending on the file of Principal Senior Civil Judge and JMFC, Srirangapatna. 2. Learned counsel for the petitioner submits that the Decree Holder has died and since no steps were taken before the Executing Court to bring the legal representatives of the Decree Holder on record, the execution petition has been dismissed for non-prosecution. 3. The said submission is placed on record. The petition is accordingly dismissed as infructuous. However, - 3 - HC-KAR NC: 2025:KHC:42092 WP No. 52332 of 2019 liberty is granted to the petitioner to file a fresh petition, in the event, execution petition No.21/2017 is revived. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 36