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2026 DAILYLAW 36088 (KAR)

SRI K H MURALIDHARA v. SRI GOVINDAPPA T.

WP/15785/2024 · 2026-08-19

D K Singh, H Shanthi Bhushan

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010337672024 NC: 2026:KHC:44663-DB WP No. 15785 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT PETITION NO. 15785 OF 2024 (GM-CON) BETWEEN: SRI.K H MURALIDHARA, AGED ABOUT 65 YEARS, S/O LATE K H THIPPESWAMY, NO. 108, 20TH WARD, AMRUTHA KRUPA, 3RD CROSS, NEHRU COLONY, GANDHI NAGAR, HAGARIBOMMANAHALLI BELLARY, KARNATAKA 583 101. (SENIOR BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. PRASHANTH CHANDRA S.N.,ADVOCATE) AND: SRI. GOVINDAPPA T, S/O LATE G THIMMAIAH, KYADIGUNTE VILLAGE, S DURGA POST, P R PURA HOBLI, CHALLAKERE TALUK, CHITRADURGA 577 azSXC 538. …RESPONDENT (BY SRI. GOPALAKRISHNAMURTHY.C., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT BY QUASHING THE ORDER DATED 15.05.2024 PASSED BY THE NATIONAL CONSUMER REDRESSAL COMMISSION NEW DELHI IN REVISION PETITION No-1302/2024 AT ANNEXURE-T IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., Digitally signed by MALA K N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010337672024 NC: 2026:KHC:44663-DB WP No. 15785 of 2024 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present Writ Petition has been filed impugning the order dated 15.05.2024 passed by the National Consumer Dispute Redressal Commission in Revision Petition No. 1302/2024, as well as the order dated 04.04.2024 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore in Appeal No. 832/2024 and the order dated 15.02.2019 passed by the District Consumer Dispute Redressal Commission, Chitradurga C.C.No.338/2019. 2. The respondent filed a complaint in the District Commission, which came to be allowed. The appeal was filed by the petitioner before the State Commission with an enormous delay of about 1,820 days. The State Commission did not condone the delay and dismissed the - 3 - HC-KAR CNR: KAHC010337672024 NC: 2026:KHC:44663-DB WP No. 15785 of 2024 appeal vide the order dated 04.04.2024. Aggrieved by the order passed by the State Commission on 04.04.2024 dismissing the appeal, the petitioner filed the revision before the National Commission. The National Commission has dismissed the appeal vide impugned order dated 15.05.2024. 3. The respondent/complainant has filed the execution proceedings before the District Forum. The learned counsel for the petitioner submits that there is impossibility to perform the order passed by the District Commission and he is willing to pay the entire amount paid by the complainant along with interest. We are not examining the impossibility or possibility of the execution of the order passed by the District Commission. Hence, it is for the petitioner to take the plea if it is available to him under the law before the executing Forum/Court. This Court cannot be an alternate Forum for executing Forum/Court. - 4 - HC-KAR CNR: KAHC010337672024 NC: 2026:KHC:44663-DB WP No. 15785 of 2024 4. We find no ground to interfere with the order passed by the State Commission and the National Commission. We find no merit in this petition, hence it is hereby dismissed. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 2 Sl No.: 9