Karnataka High Court
Smt. Hemalatha Nayak @ vs Sri. Vijaya Kumar Taleppadi on 19 December, 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO. 8730 OF 2023 (GM-CPC)
BETWEEN:
SMT. HEMALATHA NAYAK @
VIJAYA LAXMI SHENOY
W/O M. SUBRAYA SHENOY
AGED ABOUT 72 YEARS
R/AT TANIC COLONY
VITOBA TEMPLE ROAD
MANGALURU-575 001.
...PETITIONER
(BY SRI. PRAKASH SHETTY S., ADVOCATE)
AND:
1. SRI. VIJAYA KUMAR TALEPPADI
S/O S.R. RAMAKRISHNA RAO
AGED ABOUT 67 YEARS
C/O B.N. RADHAKRISHNA RAO
SOUHARDA VIVEK NAGAR
KULUR-KAVOOR ROAD
MANGALURU-575 103 (D.K.)
2. MRS. KUDPI SUMATHI
@ GEETHA SHENOY
W/O LATE KUDPIKESHAVA SHENOY
AGED ABOUT 74 YEARS
R/AT NO.14-4-373/3
CHALUKYA APARTMENTS
DON BOSCO HALL ROAD
FALNIR, HAMPANAKATTA
MANGALURU-575 001.(D.K.)
2
....RESPONDENTS
(BY SRI. M. SUDHAKAR PAI, ADVOCATE FOR R1;
SRI. M. RAJAKUMARA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 11.03.2022 PASSED IN WRIT PETITION NO.5534 OF
2022 BY THIS HON'BLE COURT, VIDE ANNEXURE-A.
IN THIS WRIT PETITION ARGUMENTS BEING HEARD,
JUDGMENT RESERVED, COMING ON FOR "PRONOUNCEMENT OF
ORDERS", THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, petitioner is assailing order dated
11.03.2022 in W.P.No.5534 of 2022 (Annexure-A) passed by this
Court, interalia sought for initiating contempt proceedings
against the respondent No.1.
2. I have heard Sri Prakash Shetty S., learned counsel
appearing for the petitioner and Sri M. Sudhakar Pai, learned
counsel appearing for the respondent No.1 and Sri
M.Rajakumara, learned counsel appearing for the respondent
No.2.
3. It is contended by Sri Prakash Shetty .S., learned
counsel appearing for the petitioner that, order passed by this
Court on 11.03.2022 in W.P.No.5534 of 2022, cannot be
implemented on the ground that, the respondent No.1, in
collusion with respondent No.2, sought to execute the
proceedings in Execution Case No.132 of 2016 and therefore, he
contended that, it is a clear case of abuse of process of law by
the respondent No.1. Further, learned counsel appearing for the
petitioner places reliance on the judgment relating to the abuse
of process of law and contended that, the Executing Court has
no jurisdiction to go beyond the judgment and decree passed by
the Trial Court in the suit and as such, sought for interference of
this Court.
4. Per contra, Sri M. Sudhakar Pai, learned counsel
appearing for the respondent No.1 contended that, the petitioner
herein is not a party in Execution case No.132 of 2016 before
the II Additional Civil Judge, Mangalore, Dakshina Kannada and
therefore, sought for dismissal of the writ petition.
5. Having Heard the learned counsel appearing for the
parties, this Court directed the Registry to put up this matter
along with in W.P.No.5534 of 2022. Perusal of the Annexure-C in
the Writ petition No.5534 of 2022, which is execution petition in
Execution Case No.132 of 2016, wherein, the petitioner herein,
is not the party in the said execution proceedings. In the
backdrop of this aspect, on careful examination of the order
dated 11.03.2022 in W.P.No.5534 of 2022, this Court without
going to the merits of the case, directed II Additional Civil Judge,
Mangalore, Dakshina Kannada, to complete the entire
proceedings within one year from the date of receipt of certified
copy of the order passed in said writ petition as the Execution
proceedings is of the year 2016. Therefore, I am of the view
that, as this Court has not expressed any opinion on the merits
of the case in the pending Execution Petition No.132 of 2016, the
petitioner has not made out a case for interference in this writ
petition , and as such the writ petition is hereby rejected.
SD/-
JUDGE
SB
