Karnataka High Court
Sri K T Prakash vs Sri Prasanna Kumar K P on 9 March, 2022
Bench: E.S.Indiresh
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.782 OF 2022 (GM-CPC)
BETWEEN:
SRI. K.T. PRAKASH
S/O LATE THIMME GOWDA
AGED ABOUT 64 YEARS
R/AT KONDAPURA VILLAGE,
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-562 138.
...PETITIONER
(BY SRI.SHASHIDHAR BELAGUMBA, ADVOCATE)
AND:
1. SRI. PRASANNA KUMAR K.P.
S/O. LATE H. PUTTASWAMY
AGED ABOUT 40 YEARS
R/AT KONDAPURA VILLAGE,
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-562 138.
2. SRI. K.P. PRAVEEN KUMAR
S/O K.T. PRAKASH
AGED ABOUT 35 YEARS
3. SMT. K.P. BHAVYA
D/O. K.T. PRAKASH
AGED ABOUT 33 YEARS.
2
4. SMT. K.P. DIVYA
D/O K.T. PRAKASH
AGED ABOUT 31 YEARS.
RESPONDENTS 2 TO 4 ARE
R/AT KONDAPURA VILLAGE,
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-562 138.
....RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED FILING OF EXECUTION NO.18 OF 2021 PENDING
BEFORE THE SENIOR CIVIL JUDGE AND JMFC., CHANNAPATNA
VIDE ANNEXURE-E; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner sought for following
relief:
a) Writ of certiorari quashing the impugned filing of
Execution No.18/2021 pending before the Civil
Judge (Sr. Dn.), Channapatna (Annexure-E).
b) Pass any appropriate writ, order or direction as
deemed fit by this Hon'ble Court under facts and
circumstances of the case in the interest of
justice and equity.
2. Perusal of the writ petition would indicate that the
respondent No.1 herein has filed the suit in Original Suit No.45
of 2016 on the file of the Senior Civil Judge and JMFC.,
Channapatna for relief of specific performance of contract . The
said suit came to be decreed on 05th September, 2019, wherein
defendants 1 and 4 are directed to execute the Sale Deed as
required under the registered agreement for sale dated 08th
October, 2015 within one month from the date of judgment and
decree. Feeling aggrieved by the same, the defendants have
filed Regular Appeal No.11 of 2021 before the First Appellate
Court and the same is pending consideration before the First
Appellate Court.
3. However, in the meanwhile, the plaintiff has filed
Execution case No.18 of 2021 before the trial Court (Annexure-
E) and the notice has been issued by the trial Court in Execution
case No.18 of 2021. Feeling aggrieved by the same, the
petitioner herein has presented this writ petition.
4. Having taken note of the averments made in the writ
petition, the notice has been issued by the Executing Court as
per Annexure-E. In the event, if the petitioner herein is being
aggrieved by the judgment and decree passed by the trial Court
and as the same is pending consideration before the First
Appellate Court in Regular Appeal No.11 of 2021, it is open for
the petitioner herein to file an appropriate application before the
First Appellate Court for staying the proceedings in Executing
Court. Accordingly, writ petition is not maintainable and as
such, the writ petition is dismissed as not maintainable.
Sd/-
JUDGE
ARK
