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2025 DAILYLAW 85807 (KAR)

SUKAMUNIYAPPA v. GOPALAREDDY

WP/107864/2023 · 2025-08-20

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10491 WP No. 107864 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107864 OF 2023 (GM-CPC) BETWEEN: SUKAMUNIYAPPA S/O. NARAYANAPPA KATTIMANI, AGE: 62 YEARS, RETD. EMPLOYEE, R/O. ITAGI, TQ. KUKANOOR, DIST. KOPPAL, NOW RESIDING AT VEERABHADRESHWARA, AGADI LAYOUT, 18TH CROSS, POLICE COLONY, KINNAL ROAD, KOPPAL, TQ. DIST. KOPPAL-583229. …PETITIONER (BY SRI. M V HIREMATH, ADVOCATE) AND: GOPALAREDDY S/O. SHANKRAPPA BHEEMAREDDY, AGE: 54 YEARS, OCC. AGRICULTURE, R/O. TALAKAL, TQ. KUKANOOR, DIST. KOPPAL-583229. …RESPONDENT (BY SRIYUTHS. C.S. SHETTAR AND KAVYA C. SHETTAR, ADVOCATES) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO,A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED ON I.A.NO.2 FILED U/O XXVI RULE 13 R/W 151 OF CPC FOR APPOINTMENT OF COURT COMMISSIONER FOR EXECUTION OF REGISTERED SALE DEED BY ORDER DATED 22.08.2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, YALBURGA IN EP.NO.41/2022 VIDE ANNEXURE-A AND ETC., Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10491 WP No. 107864 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A) Issue a writ in the nature of certiorari quashing the impugned order passed on I.A.No.2 filed u/o XXVI Rule 13 R/w 151 of CPC for appointment of Court commissioner for execution of registered sale deed by order dated 22.08.2023 on the file of Senior Civil Judge and JMFC, Yalburga in EP.No.41/2022 vide Annexure-A. B) Grant such other relief as this Hon’ble Court deems fit in the circumstances the case, in the interest of justice and equity. 2. Learned counsel for the petitioner submits that the petition has rendered infructuous. 3. Submission is taken on record. The petition is dismissed as having become infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA, List No.: 1 Sl No.: 54