Karnataka High Court
Smt. B. K. Ambujakshi vs Sri. M. Hanumanthappa on 2 June, 2023
Bench: S.R.Krishna Kumar
-1-
WP No. 11314 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 11314 OF 2023 (GM-CPC)
BETWEEN:
1. SMT. B.K. AMBUJAKSHI
W/O LATE H MUNIRAJU
AGED ABOUT 57 YEARS.
2. SMT. B.M. SHILPA
D/O LATE H MUNIRAJU
AGED ABOUT 35 YEARS.
3. SMT. B.M. RAKSHA
D/O LATE H. MUNIRAJU
AGED ABOUT 34 YEARS.
4. SRI B.M. DEEPAK
Digitally S/O LATE H. MUNIRAJU
signed by
NANDINI AGED ABOUT 32 YEARS.
MS
Location:
High Court ALL ARE RESIDING AT
of Karnataka
NO.46, GANDHI BAJAR
MAIN ROAD, BASAVANAGUDI
BENGALURU - 560 004.
...PETITIONERS
(BY SRI JAYARAJ D.S, ADV.)
AND:
SRI M. HANUMANTHAPPA
S/O LATE N MUNIYAPPA,
SINCE DEAD BY HIS LRs
SMT. YASHODHAMMA
W/O LATE M HANUMANTHAPPA
SINCE DEAD BY LTs IS ALREADY
ON RECORD.
1. SRI H. MOHAN
S/O LATE M. HANUMANTHAPPA
AGED ABOUT 48 YEARS
RESIDING AT NO10
6TH 'C' CROSS, ANJANEYA
-2-
WP No. 11314 of 2023
TEMPLE STREET
VASANTHANAGAR
BENGALURU - 560 052.
2. SRI C. NAGARAJ
S/O LATE CHANNAPPA
AGED MAJOR
RESIDING AT NO.268
CHIKKATHAYAPPA STREET
VASANTHANAGAR
BENGALURU - 560 052.
3. THE CORPORATION OF THE
CITY OF BENGALURU
NOW BRUGHAT BENGALURU
MAHANAGARA PALIKE (BBMP)
N R SQUARE, BENGALURU - 560 002
REP BY ITS COMMISSIONER.
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA, 1950 PRAYING TO DIRECT THE HON'BLE V ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-13) TO PASS
APPROPRIATE ORDERS ON BOTH THE APPLICATIONS DTD
30.07.2022 FILED BY THE JDR NO.1 - R2 UNDER ORDER 26 RULE
18-A READ WITH ORDER 26 RULE 9 OF CPC, 1908 VIDE ANNEXURE-L
AS WELL AS ON THE APPLICATION DTD 08.03.2022 FILED BY THE
OBJECTORS UNDER ORDER 21 RULE 97 READ WITH SECTION 151 OF
CPC, 1908 VIDE ANNEXURE-N IN EX.PET.NO.1742/2007 FORTHWITH
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition by the decree holder in Ex.P.No.1742/2007 on
the file of V Addl. City Civil & Sessions Judge, Bengaluru is
preferred by the petitioners for a direction to the Trial Court )
WP No. 11314 of 2023
Executing Court) to pass appropriate order on pending
applications, inter alia contending that the said application having
pending more than 10 months resulting him execution proceedings
and as such necessary direction are to be issued to the Trial Court
/ Executing Court to dispose of the said application as expeditiously
as possible.
2. Heard the learned counsel for the petitioners and
perused the material available on record.
3. For the order proposed, notice to respondents is
dispensed with.
4. The sole grievance of the petitioners is that aforesaid
execution proceedings in Ex.P.No.1742/2007 are pending for more
than 16 years in which the petitioners seeks enforcement and
execution of judgment and decree passed in their favour as long
back as on 25.06.2007, despite which the application filed by the
judgment debtor /objector, yet to be disposed of by the Trial Court /
Executing Court resulting irreparable loss and hardship to the
petitioners. Under these circumstances, I deem it just and
appropriate to dispose of the petition directing the Trial Court /
Executing Court to dispose of the all pending applications in
WP No. 11314 of 2023
Ex.P.No.1742/2007 within a period of 3 months from the date of
receipt of certified copy of the order.
SD/-
JUDGE
NMS
