Karnataka High Court
Saleem Sab vs Syed Gousepper S/O S.A. Fauf Sab on 18 August, 2023
Bench: Sachin Shankar Byssmj
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NC: 2023:KHC-D:9070
WP No. 103077 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 103077 OF 2020 (GM-CPC)
BETWEEN:
SALEEM SAB
SINCE DECEASED BY LRS,
1. KHASSEMBI W/O. LATE SALEEM SAB,
AGED ABOUT: 63 YEARS,
R/A: KOPPAL TQ,
DIST: KOPPAL - 582114.
2. YUNUS SAB S/O LATE SALEEM SAB
AGED ABOUT: 33 YEARS,
R/A: KOPPAL, TQ: KOPPAL,
DIST: KOPPAL- 582114.
Digitally
signed by
3. AZURIDDIN S/O LATE SALEEM SAB
YASHAVANT
YASHAVANT
NARAYANKAR
Location:
AGED ABOUT: 29 YEARS,
NARAYANKAR DHARWAD
Date:
2023.08.21
R/A: KOPPAL, TQ: KOPPAL,
16:09:50 -
0700 DIST: KOPPAL- 582114.
4. GOUSE PASHA @ GOUSUSAB
S/O LATE SALEEM SAB
AGED ABOUT: 27 YEARS,
R/A: KUVEMPU ONAGAR,
HUVINHAL RD, 500 PLOTS,
KOPPAL TQ, KOPPAL DISTRICT-- 582114.
5. IRSHAD BEGUM D/O LATE SALEEM SAB
AGED ABOUT: 26 YEARS,
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WP No. 103077 of 2020
R/A: TALABAL, YELBURGA,
KOPPAL DISTRICT- 582114.
6. SHAMSUDDIN SAB
S/O LATE FAKRUDDINSAB
AGED: MAJOR,
R/A: SARDARGALLI, KOPPAL,
KOPPAL DISTRICT- 582114.
7. KHUTUBUDDINSAB
S/O LATE FAKRUDDINSAB
AGED: MAJOR,
R/A: SARDARGALLI, KOPPAL,
KOPPAL DISTRICT-- 582114.
8. MALIKSAB S/O LATE FAKRUDDINSAB
AGED: MAJOR,
R/A: SARDARGALLI, KOPPAL,
KOPPAL DISTRICT- 582114.
ABBAS ALI
SINCE DECEASED BY LRS
9. HAMEEDA BEGUM
W/O LATE ABBAS ALI
AGED ABOUT: 58 YEARS,
R/O: SADARGALLI KOPPAL,
KOPPAL DISTRICT- 582114.
10. JEENAT BEGUM
W/O FAKRUDDINSAB MITHANI
AGED ABOUT: 35 YEARS,
R/A: TALAKKAL, TQ: YELBURGA,
KOPPAL DISTRICT- 582114.
11. AMEER AHMAD S/O LATE ABBAS ALI
AGED ABOUT: 58 YEARS,
R/O: SADARGALLI, KOPPAL,
KOPPAL DISTRICT- 582114.
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WP No. 103077 of 2020
12. AMEER AHMAD S/O LATE ABBAS ALI
AGED ABOUT: 55 YEARS,
R/O: SADARGALLI, KOPPAL,
KOPPAL DISTRICT.
13. KUARI CHANDINI D/O LATE ABBAS ALI
AGED ABOUT: 31 YEARS,
R/O: SADARGALLI, KOPPAL,
KOPPAL DISTRICT- 582114..
...PETITIONERS
(BY SRI. HUSEN BASHA K.,ADVOCATE)
AND:
SYED GOUSEPPER S/O S.A. FAUF SAB
AGED ABOUT: 62 YEARS,
R/A: HOSPET,
HOSAPETE TALUK,
BALLARI DISTRICT-583231.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
OF CERTIORARI BY QUASHING THE ORDER DATED 09.10.2019
PASSED BY THE SENIOR CIVIL JUDGE AND CJM, KOPPAL ON
I.A.NO.2 FILED UNDER ORDER 26 RULE 1 R/W SECTION 151 OF
THE CODE OF CIVIL PROCEDURE IN EXECUTION NO.43/2017, AS
PER ANNEXURE-A, AS ILLEGAL AND OPPOSED TO LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:9070
WP No. 103077 of 2020
ORDER
The captioned writ petition is filed by judgment
debtors questioning the order of Executing Court in
appointing the Advocate as Court Commissioner to
execute the sale deed, as per decree passed in
O.S.No.81/2007, on the file of learned Senior Civil Judge,
Koppal.
2. Respondent/decree holder filed a suit for
specific performance in O.S.No.81/2007. The said suit is
decreed and has attained finality. If decree for specific
performance has attained finality, then respondent/decree
holder is entitled to enforce the decree for specific
performance. I do not find any error in the order under
challenge. The grounds urged in the captioned writ petition
would not indicate any error in the order under challenge.
This captioned writ petition is kept pending for almost 3
years. Even on this count, it appears that there is no
serious challenge at this stage also. For the reasons stated
NC: 2023:KHC-D:9070
WP No. 103077 of 2020
supra, I am not inclined to interfere with the order under
challenge.
3. Accordingly, writ petition is dismissed.
Sd/-
JUDGE
AM
