J Rosy W/O Chandran Sulamon vs The Principal
2021 Latest Caselaw 3115 Kant

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

      DATED THIS THE 5 T H DAY OF AUGUST, 2021

                        BEFORE

 THE HON'BLE MR.JUSTICE S.R. KRISHNA KUMAR

 WRIT PETITION NO.107517 OF 2014 (GM-CPC)

BETWEEN
SMT. J. ROSY W/O CHANDRAN
SULAMON A GE: 52 YEARS,
R/O: D .NO.21, GLASS BAZAR,
BELLARY- 583 101.
                                           ...PETITIONER
(BY SRI GODE NA GARAJA, ADVOCATE)

AND
1.    THE PRINCIPA L W ARD LAW
      COMPOSITE J UNIOR COLLEGE,
      KALAMMA STREET, BELLARY.

2.    THE HEAD MISTRESS S.P.G.
      JUBILEE HI GHER PRIMARY SCHOOL,
      GLASS BAZAR, BELLARY-583 101.

3.    THE SECRETARY, CHURCH OF S OUT H
      INDIA, KARNATAKA NORTHERN DIOCESE,
      HALIYAL ROAD, D HARWAD.

4.    THE BISHOP CHURCH OF S OUTH IND IA
      KARNATAKA NORTHERN DIOCESE, HALIYAL
      ROAD, DHARWAD .

5.   THE DEPUTY DIRECTOR OF PUBLIC
     INSTRUCTIONS, F ORT, BELLARY-583 102.
                                       ... RES PONDENT S
(BY SMT. VIDYA, A DVOCATE FOR R-1;
    R- 2, 3 AND 4 NOTICE S ERVED;
    SRI V .S.KA LA SURMATH, HCGP F OR R- 5)
                                    2


     THIS WRIT PETITI ON IS FILED UNDER ARTICLE 226
AND 227 OF CONS TITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 03.01.2014 PAS SED BY THE LEARNED
PRINCIPA L DISTRICT JUDGE, BELLARY IN EXECUT ION
PETITION NO.307/2012 VIDE ANN EXURE-W AND T HE
EXECUTION    PET ITION  307/ 2012   FILED  BY   THE
PETITIONER HEREI N MAY KINDLY BE ALLOWED AS PRAY ED
FOR.

     THIS PETITION COMING ON FOR FURTHER HEARING,
THIS DAY, T HE COURT, MADE THE F OLLOWING:

                              ORDER

This petition is directed against the impugned

order dated 03.01.2014 passed in Execution Petition

No.307/2012 passed by the Principal District Judge,

Ballari (for short "the trial Court"), whereby the said

execution petition filed by the petitioner-decree

holder against the respondents-judgment debtors was

dismissed by the trial Court.

2. Heard learned counsel for the petitioner

and learned counsel for respondent No.1. Perused the

material on record.

3. By way of order dated 14.02.2019, this

Court directed the respondents to pay a sum of

Rs.20,000/- to the petitioner without prejudice to the

rights and contentions of the petitioner and

respondents. Accordingly, respondents undertake to

pay sum of Rs.20,000/- to the petitioner within a

period of two weeks from today.

4. Learned counsel for the petitioner submits

that apart from the aforesaid sum of Rs.20,000/-

which will be received by the petitioner under

protest, the petitioner is also entitled to other

amounts towards salary, benefits etc. The said

contention of the petitioner is disputed by learned

counsel for respondent No.1

5. Though several contentions have been

urged by both sides in support of their respective

claims, without expressing any opinion on the

merits/demerits of the rival contentions, I deem it

just and appropriate to dispose of this petition

reserving liberty in favour of the petitioner to take

recourse to such remedies as available in law,

including approaching State Government/competent

authority etc., and pursue such remedies in

accordance with law.

In case necessary steps are taken by the

petitioner to ventilate his grievances, the concerned

authorities shall address the said grievances

regarding alleged arrears, salary benefits etc., in

accordance with law.

Subject to the aforesaid observations and

directions, the petition stands disposed of.

SD JUDGE

BM C