Karnataka High Court
V Krishna vs B Shankaralinga on 30 March, 2022
Bench: Dr.H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MARCH 2022
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION No.4274 OF 2017 (GM-CPC)
BETWEEN:
V. Krishna,
S/o M.Vadivelu,
Aged about 54 years,
Agriculturist,
R/o : Old Kodihalli Village,
Bhadravathi Taluk,
Shimoga-577 201. .. Petitioner
( By Sri B.Ramesh, Advocate )
AND:
B.Shankaralinga,
S/o. C.Boraiah,
Aged about 64 years,
Residing at : Basavanagudi,
Antharagange Village,
Bhadravathi Taluk,
Shimoga-577 201. .. Respondent
(By Sri R.Srinivas, Advocate )
This Writ Petition is filed under Article 227 of the
Constitution of India praying to issue a writ of certiorari and
quash the order dated 10.01.2017, passed in Execution Petition
No.198 of 2014 vide at Annexure-A on the file of the Third
Additional Civil Judge & JMFC, at Bhadravathi, stay the
proceedings till the disposal of miscellaneous petition in
Miscellaneous Petition No.13/2015 and to issue such other writ
WP.No.4274/2017
2
or order or direction as this Hon'ble Court may deem fit to grant
in the circumstances of the case, to meet the ends of justice.
This Writ Petition coming on for Preliminary Hearing in `B'
Group through Physical Hearing/Video Conferencing Hearing, this
day, the Court made the following:
ORDER
The petitioner herein has filed this writ petition
challenging the rejection of IA.No.11 filed under Order XXI
Rule 29 read with Section 151 of Code of Civil Procedure,
1908, (hereinafter for brevity referred to as `CPC'),
praying for stay of the further proceedings in Execution
No.198/2014, in the Court of learned III Addl.Civil Judge
(Jr.Dn.), Bhadravathi, (hereinafter for brevity referred to as
`Executing Court'). According to the learned counsel for
the petitioner, the said application was filed in the Executing
Court since Miscellaneous Petition No.13/2015 was also
pending before the same Court, wherein setting of an
ex parte judgment and decree passed in O.S.No.160/2014,
by the learned III Addl.Civil Judge and J.M.F.C.,
Bhadravathi, dated 08.08.2014, was sought for. Since the
Execution Petition was filed in the said judgment and decree
WP.No.4274/2017
passed in O.S.No.160/2014 and setting aside of this
judgment and decree was sought for in Miscellaneous
Petition No.13/2015, the Executing Court ought not to have
proceeded further in Execution No.198/2014 alone. Since
the said application came to be rejected by the Executing
Court by its order dated 10.01.2017, the applicant in the
said IA.No.11 is before this Court as a petitioner.
2. The learned counsel for the petitioner reiterating his
submissions made on 03.03.2022 and 16.03.2022, states
that the said execution proceedings in Execution
No.198/2014, as well the Miscellaneous Petition No.13/2015
are now clubbed with each other and are being taken by the
very same Court as clubbed matters. With this, he submits
that it is hopeful of the Executing Court passing the orders
in both the matters on the same day, as such, the present
writ petition has become infructuous.
3. In view of the above submission, since both the
Execution No.198/2014 and Miscellaneous Petition
WP.No.4274/2017
No.13/2015 are said to be pending in the same Court and
they are now said to have been treated as clubbed matters,
whose disposal can be expected together on the same day,
the present writ petition has become infructuous.
As such, the Writ Petition stands disposed of as
having become infructuous.
Sd/-
JUDGE
bk/
