Smt Asra Fathima vs The State Of Karnataka
2022 Latest Caselaw 7537 Kant

                              1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 26TH DAY OF MAY, 2022

                        BEFORE

         THE HON' BLE MR. JUSTICE S.G. PANDIT

         WRIT PETITION No.9470/2022 (GM-RES)

BETWEEN:
SMT ASRA FATHIMA
W/O ALLAUDDIN MUJAWAR
AGED ABOUT 42 YEARS
R/AT NO. 113, ARSH BUILDING
MANJUNATHA BADAVANE
K.S.R.T.C DEPOT BACK SIDE
SHIVAMOGGA CITY 577 205                ...PETITIONER

           (BY SRI.SANATH KUMAR SHETTY.K ADV.)

AND:
1.     THE STATE OF KARNATAKA
       VIDHANA SOUDHA
       DR. AMBEDKAR VEEDHI,
       BENGALURU 560 001

2.     KARNATAKA SECONDARY EDUCATION
       EXAMINATION BOARD (SSCLC BOARD).
       SAMPIGE ROAD, MALLESHWARAM
       BENGALURU 560 003
       REP BY ITS SECRETARY

3.     K.L.E.S ENGILISH MEDIUM HIGH SCHOOL
       NIPPANI, CHIKKODI TALUK 591 237
       REP BY ITS HEAD MASTER

4.     DEPARTMENT OF PRE-UNIVERSITY EDUCATION
       18TH CROSS, MALLESHWARAM
       BENGALURU 560 030
       REP BY ITS DIRECTOR
                              2


5.    G.I BAGEWADI ARTS, SCIENCES
      AND COMMERCE COLLEGE
      NIPPANI, CHIKKODI TALUK 591 237
      REP BY ITS PRINCIPAL

6.    KARNATAKA UNIVERSITY
      DHARWAD 580 001
      REP BY ITS REGISTRAR

7.    KUVEMPU UNIVERSITY
      JNANA SAHYADRI,
      SHANKARGHATTA 577451
      B.R PROJECT, SHIVAMOGGA
      REP BY ITS REGISTRAR

8.    KUVEMPU SHATAMANOTSAVA
      COLLEGE OF EDUCATION,
      OKKALIGARA HOSTEL
      BALARAJ URS ROAD,
      SHIVAMOGGA 577201
      REP BY ITS PRINCIPAL

9.    JNANA SAHYADRI HIGH SCHOOL
      HEDEHALLI, ANANDAPURAM POST,
      SAGAR TALUK 577 412
      REP BY ITS HEAD MASTER

10.   THE MANAGER
      STATE BANK OF INDIA
      SAGARA TALUK
      SHIVAMOGGA DISTRICT-577 412.       ...RESPONDENTS

      (BY SRI.M.VINOD KUMAR, AGA. FOR R-1, 2 AND 4)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE RESPONDENT NO.1 TO 9 TO COMPLY WITH THE
JUDGEMENT AND DECREE DATED 07.04.2015 PASSED IN
O.S.NO.506/2014 ON THE FILE OF IV ADDL.CIVIL JUDGE AND
JMFC SHIVAMOGGA AT ANNEXURE-A AND ETC.,

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
                                3


                            ORDER

The petitioner is before this Court under Articles

226 and 227 of the Constitution of India praying for a

writ of mandamus directing the respondent Nos.1 to 9

to comply with the judgment and decree dated

07.04.2015 passed in O.S.No.506/2014 on the file of IV

Additional Civil Judge and JMFC, Shivamogga at

Annexure-A.

2. Heard Sri.Sanath Kumar Shetty.K, learned

counsel for the petitioner and learned Additional

Government Advocate who has taken notice on behalf of

the respondent Nos.1, 2 and 4. Perused the writ petition

papers.

3. Learned counsel for the petitioner submits

that respondent Nos.1 to 9 have not complied with the

judgment and decree dated 07.04.2015 passed in

O.S.No.506/2014 wherein it is declared as under:

"It is hereby declared that the name of the petitioner is Asra Fathima' and she is entitled to be called by that name in all her educational and service records and future transactions.

Mandatory injunction is granted by directing the defendants and their authorities to effect necessary changes in the entries in the school, college, service and other records of the plaintiff that are in their power and custody, so as to reflect the name of the plaintiff as 'Asra Fathima.'"

4. It is the grievance of the petitioner that

changes as directed is not carried out. In view of not

carrying out the changes as directed, it would become

difficult for her to receive her salary through the bank.

5. On hearing the learned counsel

Sri.Sanathkumar Shetty.K, for the petitioner, I am of

the view that the petitioner would not be entitled for the

writ of mandamus as sought in the writ petition at this

stage. The jurisdiction of High Court under Article 226

of the Constitution cannot be converted to executing

court. Moreover, it is submitted that Ex.No.65/2016 is

pending consideration before the Trial Court and

warrant has been issued to respondent Nos.1 to 9.

When Code of Civil Procedure provides provision for

execution of the decree, this Court would restrain itself

from exercising its jurisdiction under Article 226 of the

Constitution of India. Therefore, it is for the petitioner to

pursue the execution case which is already pending

before the Trial Court.

For the reasons stated above, writ petition is

rejected for the present.

Execution Petition No.65/2016 pending before the

Trial Court be expedited.

Sd/-

JUDGE

NC.