Karnataka High Court
Sri.Ramesh vs Smt.Gangavva on 4 August, 2023
Bench: S.R. Krishna Bysrkkj
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NC: 2023:KHC-D:8288
WP No. 103242 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 4TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 103242 OF 2016 (GM-CPC)
BETWEEN:
1. SRI.RAMESH S/O. BHAVAN PATIL,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: KULAGOD, TALUK: GOKAK,
DISTRICT: BELAGAVI.
2. PREMA D/O. BHAVAN PATIL,
AGE: 39, OCC: HOUSE HOLD WORK
R/O: KULAGOD, TALUK: GOKAK,
DISTRICT: BELAGAVI.
3. SMT. SAVITRIBAI @ SAVITRI,
W/O. BHAVAN PATIL, AGE: 60 YEARS,
OCC: HOUSE HOLD WORK, R/O: KULAGOD,
TALUK: GOKAK, DISTRICT: BELAGAVI.
Digitally signed
by JAGADISH T
SHE IS UNSOUND MIND, THE APPELLANT NO.1
R
Location: HIGH
IS REPRESENTED AS NEXT FRIEND.
COURT OF
KARNATAKA
Date:
2023.08.08 ...PETITIONERS
11:10:24 +0530
(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
AND:
1. SMT. GANGAVVA W/O. BHIMAPPA KOPPAD,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KULIGOD, TALUK: GOKAK,DIST: BELAGAVI.
2. SRI. RANGAPPA S/O. BHIMAPPA KOPPAD,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: KULIGOD, TALUK: GOKAK,DIST: BELAGAVI.
3. SMT. MAHADEVI W/O. RAMAPPA SOMAPPANAVAR,
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WP No. 103242 of 2016
AGE: 32 YEARS, OCC: HOUSE HOLD WORK,
R/O: HOSAYARAGUDRI, TALUK: GOKAK,
DISTRICT: BELAGAVI.
4. SMT. SATTEWWA D/O. CHANDRAPPA HADIMANI,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: KULGOD, TALUK: GOKAK, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. S.M.NAGANUR & SRI. ANAND ASHTEKAR,
ADVS. FOR R1 TO R3;
SRI. SANJAY CHANAD, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:-
QUASH THE IMPUGNED ORDER DATED:10.06.2015 ON
I.A.NO.III VIDE ANNEXURE-H AND IMPUGNED ORDER
DATED:23.03.2016 ON I.A.NO.VI IN E.P.NO.8/2014
PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC
MUDALAGI VIDE ANNEXURE-K AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is directed against the impugned order dated
10.06.2015 passed on IA No.3 as well as order dated
23.3.2016 on IA No.6 in EP No.8/2014 on the file of learned
Civil Judge and JMFC, Mudalagi.
2. Heard the learned counsel for the petitioners and
learned counsel for respondents and perused the material on
record.
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3. The material on record discloses that though it is
the specific contention of the petitioners/Judgment Debtors that
the execution petition itself was not maintainable, the trial
Court proceeded to pass the impugned orders without providing
opportunity to the petitioners to put-forth their contentions.
Under these circumstances, though several contentions have
been urged by both sides in support of their respective claims,
without expressing any opinion on the merits/demerits of rival
contentions, I deem it just and appropriate to set-aside the
impugned order dated 10.06.2015 passed on IA No.3 as well as
order dated 23.3.2016 on IA No.6 in EP No.8/2014 and remit
the matter back to the Executing Court for re-consideration
afresh in accordance with law.
4. In the result, I pass the following:
ORDER
a) Writ Petition is hereby allowed.
b) The impugned order dated 10.06.2015 passed
on IA No.3 as well as order dated 23.3.2016 on
IA No.6 in EP No.8/2014 passed by the
Executing Court, are hereby set-aside.
c) The matter is remitted back to the Executing
Court for reconsideration of claims of decree
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holders and judgment holders afresh in
accordance with law including the maintainability
of execution petition within a period of six
months from the date of receipt of certified copy
of this order.
d) All rival contentions on all aspects of the matter
are kept open and no opinion is expressed on
the same.
Sd/-
JUDGE
JTR
