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2025 DAILYLAW 7554 (KAR)

GANGA SUGAR EMPLOYEES CO OP SOCIETY LTD., v. SMT. NIRMAL NINGAPPA KHOT

WP/106381/2024 · 2025-01-10

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:437 WP No. 106381 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106381 OF 2024 (GM-CPC) BETWEEN: GANGA SUGAR EMPLOYEES CO OP SOCIETY LTD., CHIKKODI, REPRESENTED BY ITS SECRETARY, BASAVANNI IRAPPA HIREKUDI, AGED ABOUT 58 YEARS, OCC: AGRICULTURE, R/O. KUNGATOLI VILLAGE, CHIKKODI-591201. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: 1. SMT. NIRMAL NINGAPPA KHOT, AGE: 60 YEARS, OCC: HOUSEWIFE, R/O. EXMBA VILLAGE, TQ: CHIKKODI, DIST: BELAGAVI. 2. SMT. ASHWINI NINGAPPA KHOT, AGE: 38 YEARS, OCC: HOUSEWIFE, R/O. EXMBA VILLAGE, TQ: CHIKKODI, DIST: BELAGAVI. 3. SMT. RUPA NINGAPPA KHOT, AGE: 36 YEARS, OCC: HOUSEWIFE, R/O. EXMBA VILLAGE, TQ: CHIKKODI, DIST: BELAGAVI. …RESPONDENTS (NOTICE TO RESPONDENTS 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 MANDAMUS DIRECTING TRIAL COURT TO THE DISPOSE OF THE EXECUTION PETITION IN E.P.NO.70/2014 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE., CHIKKODI WITHIN A PERIOD OF THREE MONTHS IN THE INTEREST OF JUSTICE AND EQUITY. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:437 WP No. 106381 of 2024 THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking the following reliefs: i. Issue a Writ in the nature of Mandamus directing Trial Court to the dispose of the execution petition in E.P.No.70/2014 pending on the file of the Senior Civil Judge., Chikkodi within a period of three months in the interest of justice and equity. ii. Grant such other relief’s as are deemed fit and necessary under the circumstances of the case including the cost of this writ petition in interest of justice and equity. 3. On enquiry with the learned counsel for the petitioner as to what is the status of the E.P.No.70/2014, he submits that the matter is now listed on 16.01.2025 for final hearing. If that be so, there would be no requirement to issue any direction as sought for. Since the Execution - 3 - NC: 2025:KHC-D:437 WP No. 106381 of 2024 Petition being of the year 2014 is listed for final hearing on 16.01.2025, I am of the considered belief that the Executing Court would take up and dispose the matter at the earliest. 4. With above observations, the petition is disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 46