Manjunatha D K vs Chikkamahalingaiah
2023 Latest Caselaw 5243 Kant

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                                                  NC: 2023:KHC:27305
                                                    WP No. 5113 of 2020




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 3RD DAY OF AUGUST, 2023

                                         BEFORE
                     THE HON'BLE MR JUSTICE S.G.PANDIT
                  WRIT PETITION NO. 5113 OF 2020 (GM-CPC)
              BETWEEN:

              SRI MANJUNATHA D K
              S/O KRISHNAPPA
              AGED 33 YEARS
              R/NO.67, DEVAGERE
              KUMBALAGODU POST
              KENGERI HOBLI
              BENGALURU-560068.
                                                           ...PETITIONER
              (BY SRI MADHUKAR NADIG, ADV.-ABSENT)

              AND:

              SRI CHIKKAMAHALINGAIAH
              S/O LATE VENKATESHAPPA
              AGED 62 YEARS
Digitally     R/AT NO.274, 1ST "D" MAIN ROAD,
signed by     KENGERI UPANAGARA
NANDINI B G
Location:
              BENGALURU-560068.
HIGH COURT                                               ...RESPONDENT
OF
KARNATAKA     (BY SRI S.G.HEGDE, ADV.)

                   THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
              CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
              IMPUGNED ORDER DATED 19.10.2019 PASSED IN EXECUTION
              PETITION NO.1536/2017 BY THE I-ADDITIONAL SMALL
              CAUSES JUDGE, BENGALURU ON THE APPLICATION FILED BY
              THE PETITIONER FILED U/S 47 R/W 151 OF CPC, (AS PER
              ANNX-G) AND ALLOW THE ABOVE WRIT PETITION WITH
              COSTS.
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                                     NC: 2023:KHC:27305
                                          WP No. 5113 of 2020




       THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

1. There is no representation for the petitioner.

2. Learned counsel for the respondent Sri.S.G.Hegde

is present before the Court.

3. This petition is filed under Article 227 of the

Constitution of India challenging the order dated

19.10.2019 passed in Ex. Petition No.1536/2017 on the

file of the I Additional Judge, Court of Small Causes,

Bangalore on the application filed under Section 47 read

with Section 151 CPC filed by the Judgment Debtor.

4. e-Courts portal would show that Ex. Petition

No.1536/2017 pending on the file of I Additional Judge,

Court of Small Causes at Bangalore (SCCH-11) was closed

before the Lok Adalath held on 07.06.2022. The order of

Lok Adalath would show that both parties were present

before the Lok Adalath on 07.06.2023 and both parties

NC: 2023:KHC:27305 WP No. 5113 of 2020

have filed joint memo reporting settlement for

Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only)

and decree holder has also reported receipt of

Rs.2,50,000/- by cash.

5. In view of closure of execution petition, the

present writ petition would no more survive for

consideration and the same is disposed of.

Sd/-

JUDGE

MPK CT:bms