Choodegowda vs Mr Nanjundappa
2023 Latest Caselaw 1935 Kant

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                                              WP No. 25592 of 2022




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 20TH DAY OF MARCH, 2023

                                   BEFORE
                    THE HON'BLE MR JUSTICE M.G.S. KAMAL
                 WRIT PETITION NO. 25592 OF 2022 (GM-CPC)
            BETWEEN:

                CHOODEGOWDA
                S/O CHOODAIAH
                AGED ABOUT 52 YEARS
                R/A DODDAMALUR VILLAGE
                MALUR HOBLI
                CHANNAPATNA TALUK-562 160.
                                                      ...PETITIONER
Digitally  (BY SRI. CHANDAN B K., ADVOCATE)
signed by
ROOPA R U AND:
Location:
High Court     MR NANJUNDAPPA
of             S/O LATE BOREGOWDA
Karnataka      AGED ABOUT 68 YEARS
                R/A D.NO.470/9/1,
                7TH MAIN ROAD
                2ND STAGE, HAMPINAGARA
                BANGALORE-560 104.
                                                    ...RESPONDENT

                 THIS WP IS FILED PRAYING TO QUASH THE IMPUGNED
            ORDER DATED 04.11.2022 PASSED IN EX.P NO.12/2020
            PASSED ON I.A. UNDER ORDER 21 RULE 29 R/W SECTION 151
            OF CPC ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE
            AND JMF, CHANNAPATNA VIDE ANNEXURE A, TO THE WP.

                THIS PETITION, COMING ON FOR PRELIMINARY
            HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                            WP No. 25592 of 2022




                             ORDER

This petition is filed by the petitioner being aggrieved by

the order dated 04.11.2022 by which, the trial Court rejected

the application filed under Order XXI Rule 29 read with Section

151 of CPC filed by the petitioner herein seeking stay of the

execution proceedings, on the premise that a Regular Second

Appeal is pending consideration.

2. Heard and perused the records.

3. Petitioner herein has suffered the decree in

O.S.No.80/2015 by which, the trial Court had directed the

petitioner herein to vacate and handover the vacant physical

possession of the suit property to the respondent herein.

4. Being aggrieved by the same, the petitioner herein

preferred an appeal in R.A.No.57/2018, which also resulted in

dismissal. Being aggrieved by the same, petitioner filed second

appeal in RSA No.422/2021 and the same has also resulted in

dismissal on 05.10.2021. There is no challenge to the same.

Thus, the judgment decree passed by trial Court has attained

finality.

WP No. 25592 of 2022

5. In that view of the matter, it would be inappropriate

and impermissible for seeking stay of the said decree.

In that view of the matter, petition lacks merits.

Accordingly, the writ petition is dismissed.

Sd/ JUDGE

GPG