Karnataka High Court
Sri. G. Manoj Kumar vs Sri. C. A. Mahesh on 21 November, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2023:KHC:42054
WP No. 17264 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 17264 OF 2023 (GM-CPC)
BETWEEN:
SRI. G. MANOJ KUMAR
S/O GANAPATHILAL BOHRA,
AGED ABOUT 46 YEARS,
R/AT 1ST MAIN,
VIVEKANANDANAGAR,
CHANNARAYAPATNA-577201.
...PETITIONER
(BY SRI. H.N.MANJUNATH PRASAD, ADV.)
AND:
SRI. C. A. MAHESH
S/O C R ADISHETTY,
AGED ABOUT 61 YEARS,
R/AT J C ROAD,
NEAR KANNA BAKERY AND
Digitally PREMIER STUDIO,
signed by B MYSURU-570001.
LAVANYA
...RESPONDENT
Location:
HIGH (RESPONDENT IS SERVED & UNREPRESENTED)
COURT OF
KARNATAKA THIS PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA TO
COMPLETE THE EXECUTION PROCEEDINGS IN EX. CASE
NO.97/2017 PRODUCED ANNEXURE-E FILED BY THE
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WP No. 17264 of 2023
PETITIONER AS DECREE HOLDER FOR EXECUTION OF
DECREE PASSED IN O.S.NO. 45/2015 PRODUCED AT
ANNEXURE-A2, SINCE, NO COURT OF LAW HAS PASSED
ANY ORDER STAYING THE OPERATION OF THE JUDGMENT
AND DECREE IN O.S.NO.45/2015.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner, decree holder has put into execution
the judgment and decree dated 21.06.2017 in
O.S.No.45/2015 in Ex.Case No.97/2017 on the file of
Senior Civil Judge and JMFC, Channarayapatna.
2. Heard learned counsel Sri.H.M.Manjunath Prasad for
petitioner. Though respondent is served, has remained
absent. Perused the writ petition papers.
3. Learned counsel for the petitioner would submit that
the Execution Petition filed in the year 2017 is being
adjourned from time to time on the ground that Misc.
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No.7/2018 is pending, wherein the respondent/Judgment
Debtor has sought setting aside the judgment and decree
which is put into execution. Learned counsel would submit
that there is no interim order either in the miscellaneous
petition or in any other proceedings. In the said
circumstances, learned counsel would submit that
Executing Court is not justified in adjourning the Ex. Case
No.97/2017. Thus, he prays for a direction to the
Executing Court to dispose of the Execution Petition
expeditiously.
4. Having heard the learned counsel for the petitioner
and on perusal of the writ petition papers, I am of the
view that a direction shall have to be issued to the
Executing Court to dispose of the Ex.Case No.97/2017
expeditiously.
5. O.S.No.45/2015 was decreed in favour of the
petitioner herein under judgment dated 21.06.2017
granting specific performance directing defendant No.1 to
receive balance consideration from the plaintiff and to
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execute registered sale deed in respect of the suit
schedule property. The said judgment and decree was put
into execution in Ex.Case No.97/2017. The judgment
debtor is served with notice in the execution case. The
respondent/judgment debtor submitted before the
Executing Court that Misc.Petition No.7/2018 is pending
consideration wherein the respondent/judgment debtor
has prayed to set aside the judgment and decree dated
21.06.2017 in O.S.No.45/2015.
6. Admittedly, there is no stay of judgment and decree
put into execution in any proceedings either before the
trial Court or before the Appellate Court. In the absence
of any interim order staying the judgment and decree, the
Executing Court shall have to proceed further in the
execution proceedings. Only on the ground of pendency of
miscellaneous petition, the Executing Court could not have
adjourned the matter from time to time.
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7. In the above circumstances, the Executing Court is
directed to proceed in the Execution proceedings and
conclude the same as expeditiously as possible.
With the above the writ petition stands disposed of.
Sd/-
JUDGE
MPK
CT:bms
