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2025 DAILYLAW 85901 (KAR)

NILKANTH SHRIDHAR DAMANKAR SINCE DECEASED BY HIS LRS v. CHINTAMANI

WP/109404/2025 · 2025-12-16

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18341 WP No. 109404 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109404 OF 2025 (GM-CPC) BETWEEN: 1. NILKANTH SHRIDHAR DHAMANKAR, SINCE DECEASED BY HIS LR’S., SMT. MALATI WD/O NIKANTH DHAMANKAR, AGE. 87 YEARS, OCC. HOUSEHOLD, R/O. MRUTYUNJAY NAGAR, BELAGAVI-590 006. 2. DR. SATISH S/O NIKANTH DHAMANKAR, AGE. 60 YEARS, OCC. MEDICAL PRACTITIONER, R/O. MRUTYUNJAY NAGAR, BELAGAVI-590 006. … PETITIONERS (BY SRI. SUDHIR NILKANTH DHAMANKAR, ADVOCATE) AND: 1. CHINTAMANI S/O SHRIDHAR DHAMANKAR, SINCE DECEASED BY LR’S., SMT. VEENA WD/O CHINTAMANI DHAMANKAR, AGE. 83 YEARS, OCC. HOUSEHOLD, R/O. PLOT NO.331/A, ROY ROAD, TILAKWADI, BELAGAVI-590 006. 2. RANJIT S/O CHINTAMANI DHAMANKAR, AGE. 58 YEARS, OCC. PVT. SERVICE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18341 WP No. 109404 of 2025 R/O. 1ST FLOOR, GANESH VANDAN APT., NEHRU ROAD, TILAKWADI, BELAGAVI-500 006. 3. SHRI. AVINASH S/O CHINTAMANI DHAMANKAR, AGE. 55 YEARS, OCC. BUSINESS, R/O. H.NO. 331/A, ROY ROAD, TILAKWADI, BELAGAVI-590 006. 4. SHRI KRISHNA S/O GUNDUPANT BAILUR, AGE. 54 YEARS, OCC. BUSINESS, R/O. KRISHNA KUNJ, 2 MAIN, 4TH CROSS, SADASHIV NAGAR, BELAGAVI-590 016. … RESPONDENTS (BY SRI. GIRISH A. YADWAD, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE WRIT, ORDER OR DIRECTIONS IN THE NATURE OF MANDAMUS OR CERTIORARI TO THE I ADDL. CIVIL JUDGE (SR.DN), THE EXECUTING COURT AND COURT COMMISSIONER DIRECTING TO DISPOSE OF THE PENDING EXECUTION PROCEEDINGS INCLUDING UGD PIPELINE BY REMOVING OBSTRUCTIONS AS SHOWN IN ANNEXURE-H1 AND H2 EXPEDITIOUSLY TO SATISFY THE DECREE PASSED IN FDP 30/2000 I.E., ANNEXURE-A, WITHIN OUTER LIMIT OF SIX MONTHS BY IMPOSING EXEMPLARY COST OF RS.5 LAKHS PER EXECUTION PETITION ON THE RESPONDENTS FOR CONTUMACIOUS CONDUCT IN THE INTEREST OF JUSTICE AS MANDATED IN 2021(2) KCCR 1409 (SC), RAHUL SHAH V. JINENDRA KUMAR GANDHI AND OTHERS AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:18341 WP No. 109404 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) It is submitted that Execution Petition No.43/2017 is pending before the I Additional Senior Civil Judge, Belagavi. The said Execution Petition is filed pursuant to Final Decree proceeding 30/2000 and the suit is of the year 1995 and pursuant to a preliminary decree in O.S. No.94/1995. More than 25 years have elapsed since the Final Decree Proceeding is initiated. It is submitted that the final decree is drawn on 29.10.2005. 2. Under these circumstances the Court is of the view that the proceeding before the Executing Court should be expedited. 3. Hence, the writ petition is disposed of. - 4 - HC-KAR NC: 2025:KHC-D:18341 WP No. 109404 of 2025 4. Both parties shall cooperate for early disposal of the execution petition. 5. The Court expects that at least before six months from today the execution proceeding will reach its logical end. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT:BCK LIST NO.: 1 SL NO.: 53