Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:30003 WP No. 17169 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17169 OF 2026 (GM-CPC) BETWEEN:
1.
MR. ELIAS QUADRAS AGED ABOUT 69 YEARS, SON OF BELCHAR QUADRAS,
2.
MR. IRINI QUADRAS AGED ABOUT 61 YEARS, W/O ELIAS QUADRAS
BOTH ARE RESIDING AT HAPPY HOME COMPLEX, SANTHI PARK, MIRAROAD (EAST), MUMBAI, THANE DISTRICT.
REPRESENTED BY THEIR GPA HOLDER MR. KISHORE FERNANDES, S/O JOHN FERNANDES, RESIDENT OF MARPADY VILLAGE, MOODBIDRI TALUK, D.K DISTRICT-574 227 …PETITIONERS (BY SRI. VIJETHA PINKY D'SA, ADVOCATE)
AND:
1.
SRI RAJU POOJARY, AGED ABOUT 60 YEARS, SON OF GUMADA POOJARY, RESIDING AT MARPADY VILLAGE, SHOP NO.1-50C(1), MOODBIDRI TALUK
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:30003 WP No. 17169 of 2026
2.
SMT. PUSHPA, W/O PURUSHOTHAMA P.
AGED ABOUT 53 YEARS, RESIDING AT DOOR NO. 50/1, JARANGEL HOUSE MARPADY VILLAGE, MOODBIDRI TALUK …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO HON'BLE COURT MAY BE PLEASED TO ISSUE A WRIT OF MANDAMUS DIRECTING THE CIVIL JUDGE AND J.M.F.C., MOODBIDRI IN EXECUTION PETITION NO. 12/2021, INSTITUTED ON THE BASIS OF ORIGINAL SUIT IN O. S. NO.
164/2014, TO HEAR AND DISPOSE THE SAID PETITION WITHIN 3 MONTHS OF THE ORDER AND GRANT SUCH OTHER AND FURTHER ORDERS ON THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following prayer:
“Wherefore, the petitioner named above humbly prays that this Hon’ble Court may be pleased to issue a writ of mandamus directing the Civil Judge and JMFC, Moodbidri in Execution Petition
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HC-KAR NC: 2026:KHC:30003 WP No. 17169 of 2026
No.12/2021, institute on the basis of original Suit in O.S.No.164/2014, to hear and dispose the said petition within 3 months of the order and grant such other and further orders on the facts and circumstances of the case in the interest of justice and equity.”
2. It is submitted that execution petition is pending from the year 2021. Considering the submission of the learned counsel, this Court is passing the following:
ORDER i. The Civil Judge and JMFC, Moodbidri is requested to dispose of the matter as expeditiously as possible. ii. Accordingly, the writ petition is disposed of. iii. All I.As. in this writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
PKN List No.: 1 Sl No.: 37