Sri. Krishnappa vs Sri. H.R. Ramaswamy
2021 Latest Caselaw 820 Kant

                              1




     IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY 2021

                        BEFORE
     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
        WRIT PETITION No.12658 OF 2016(GM-CPC)
BETWEEN:

SRI. KRISHNAPPA
DEAD BY LRS
1.      SMT NAGAMMA
        W/O LATE KRISHNAPA
        AGED ABOUT 55 YEARS
2.      SRI GOVINDARAJU
        S/O LATE KRISHNAPPA
        AGED ABOUT 30 YEARS
3.      KUMAR
        S/O LATE KRISHNAPPA
        AGED ABOUT 28 YEARS
        ALL R/A HYRIGE VILLAGE
        KASABA HOBLI, H D KOTE TLAUK
        MYSORE DISTRICT, MYSORE-571125
                                         ...PETITIONERS
(BY SRI.V.M. PRASAD, ADVOCATE)

AND:

SRI. H.R. RAMASWAMY
S/O H V RAJAIAH, AGED ABOUT 48 YEARS
R/A BELEGANAHALLI
HEGGADADEVANA KOTE TALUK
MYSORE DISTRICT-571 114.
                                         ...RESPONDENT
      THIS W.P. IS      FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE
SENIOR CIVIL JUDGE AT HUNSUR TO APPOINT COURT
OFFICER TO EXECUTE SALE DEED IN FAVOUR OF THE
PETITIONER BY CONSIDERING THE JUDGMENT PASSED IN
O.S.NO. 84/2004 DT: 25.06.2007.

      THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:-
                                   2




                              ORDER

In this petition the petitioners have sought for the

following reliefs:

"(a) Issue a Writ of Mandamus by directing the Hon'ble Senior Civil Judge at Hunsur to appoint court officer to execute sale deed in favour of the petitioner by considering the judgment passed in O.S.No.84/2004 dated 25.06.2007.

(b) Issue a writ of certiorari to quash the entire proceedings in E.X.No.20/2011 on the file of Hon'ble Senior Civil Judge at Hunsur at Annexure- A.

(c) Issue any other writ, order or direction and grant such other further reliefs as this Hon'ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity."

2. Heard learned counsel for the petitioners and

perused the material on record.

3. After hearing the learned counsel for the

petitioners and upon perusal of the material on record, I am

of the considered opinion that the reliefs sought for in this

petition as stated supra are not capable of being granted in

this petition.

4. Under these circumstances, without expressing

any opinion on the merits of the various contentions put

forth in the petition, I am of the opinion that this is not a fit

case warranting jurisdiction of this Court in exercise of its

supervisory jurisdiction under Article 227 of the Constitution

of India.

Accordingly, the petition is dismissed.

Sd/-

JUDGE

Bmc