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2025 DAILYLAW 90544 (KAR)

MR.ZABIULLA BAIG v. M/S RANKA DEVELOPERS PVT LTD

WP/27244/2025 · 2025-10-15

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41457 WP No. 27244 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.27244 OF 2025 (GM-CPC) BETWEEN: 1. MR.ZABIULLA BAIG S/O.LATE AMEER BAIG AGED ABOUT 52 YEARS KHAWAJA MANSION, 198/1 DAS COMPOUND BASAVANAGUDI BENGALURU-560 004 2. MRS.FARHA RAFFI W/O.MR.RAFFI BAIG AGED ABOUT 56 YEARS KHAWAJA MANSION, 198/1 DAS COMPOUND, BASAVANGUDI BENGALURU-560 004 …PETITIONERS (BY SRI CHINTAN CHINNAPPA M., ADVOCATE) AND: M/S.RANKA DEVELOPERS PVT.LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 (EARLIER KNOWN AS M/S.RANKA DEVELOPERS (PARTNERSHIP FIRM)) HAVING REGISTERED OFFICE AT 3RD FLOOR RANKA CHAMBERS NO.31, CUNNINGHAM ROAD BENGALURU-560 052 BY ITS DIRECTOR … RESPONDENT Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41457 WP No. 27244 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-22) TO EXPEDITE THE ADJUDICATION OF EX.NO. 25202/2023 WITHIN A SPECIFIED TIME FRAME/PERIOD VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioners. 2. This Court does not find any need or necessity to issue notice to the respondent for the reason that the petition is filed seeking expeditious disposal of the execution petition in Ex.No.25202/2023 pending on the file of the XIII Additional City Civil and Sessions Judge (CCH- 22), Bengaluru. 3. It is the contention of learned counsel for petitioners that the petitioners are the decree holders having succeeded in the original suit proceedings, have filed the execution proceedings to execute the Judgment and decree passed by the trial Court. The respondents - 3 - HC-KAR NC: 2025:KHC:41457 WP No. 27244 of 2025 have appeared before the Executing Court and filed their statement. The matter is yet to be decided but the same has been prolonged and protracted for one reason or the other. 4. Learned counsel for petitioners relies upon the judgments of the Hon'ble Apex Court in the cases of Rahul S.Shah vs. Jinendra Kumar Gandhi and Others reported in (2021)6 SCC 418 and Bhoj Raj Garg vs. Goyal Education and Welfare Society and Others 2022 SCC OnLine 2449 of the Hon'ble Apex Court, wherein it is held that the execution petitions are directed to be disposed off within six months. 5. Under the circumstances, I pass the following: ORDER i) This writ petition is disposed off; ii) This Court deems it appropriate to direct the Executing Court to make an endeavor to dispose off the matter as expeditiously as possible not later than six months, keeping in mind the - 4 - HC-KAR NC: 2025:KHC:41457 WP No. 27244 of 2025 judgments of the Hon'ble Apex Court as stated supra; iii) The Executing Court shall make an endeavour to dispose of the petition as early as possible without waiting for stipulated period i.e. six months; iv) If any application is filed by any objector on the said execution petition, the same shall also to be considered expeditiously by passing appropriate order; v) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 2 Sl No.: 26