Karnataka High Court
Smt. B. K. Ambujakshi vs Sri. M. Hanumanthappa on 23 November, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2023:KHC:42209
WP No. 25752 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO.25752 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. H. MUNIRAJU,
AGED ABOUT 34 YEARS,
4. SRI B.M. DEEPAK
S/O. H. MUNIRAJU,
AGED ABOUT 32 YEARS,
Digitally signed ALL ARE RESIDING AT NO.46,
by A K
CHANDRIKA GANDHI BAZAR MAIN ROAD,
BASAVANAGUDI, BENGALURU - 560 004. ... PETITIONERS
Location: HIGH
COURT OF
KARNATAKA (BY SRI C.R. SANDESH, ADVOCATE FOR
SRI D.S. JAYARAJ, ADVOCATE)
AND:
SRI M. HANUMANTHAPPA
S/O. LATE N. MUNIYAPPA
SINCE DEAD BY HIS LR's.
SMT. YASHODAMMA
W/O. LATE M. HANUMANTHAPPA,
SINCE DEAD BY LR's IS ALREADY ON RECORD
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NC: 2023:KHC:42209
WP No. 25752 of 2023
1. SRI H. MOHAN
S/O. LATE M. HANUMANTHAPPA,
AGED ABOUT 48 YEARS,
R/AT NO.10, 6TH 'C' CROSS,
ANJANEYA TEMPLE STREET,
VASANTHANAGAR,
BENGALURU - 560 052.
2. SRI C. NAGARAJ
S/O. LATE CHANNAPPA,
AGED MAJOR,
R/AT NO.269, CHIKKATHAYAPPA STREET,
VASANTHNAGAR
BENGALURU - 560 052.
3. THE CORPORATION OF THE CITY OF BANGALORE,
NOW BRUHAT BENGALURU
MAHANAGARA PALIKE (BBMP),
N.R. SQUARE,
BENGALURU - 560 002
REP. BY ITS COMMISSIONER. ... RESPONDENTS
(BY SRI SHIVAKUMARAPPA T.C., ADVOCATE FOR C/R-1;
NOTICE NOT ORDERED IN RESPECT OF R-2 & R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE HON'BLE V
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-13) TO PASS APPROPRIATE ORDERS ON THE
INTERLOCUTORY APPLICATION DATED 18.08.2023 FILED BY THE
DHR NOS.1 (c) TO (f) - PETITIONERS UNDER ORDER 6 RULE 17
R/W SECTION 151 OF CIVIL PROCEDURE CODE, 1908 SEEKING
AMENDMENT SO AS TO INCORPORATE ONE WORD IN THE
SCHEDULE IN EX.PET.NO.1742/2007 FORTHWITH VIDE
ANNEXURE-W AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:42209
WP No. 25752 of 2023
ORDER
Heard Sri. C.R. Sandesh, learned counsel for the
petitioners and Sri. Shivakumarappa T.C., learned counsel
for the caveator/respondent No.1. Notice to other
respondents is not issued, taking note of the prayer made
in the writ petition.
2. Petitioner is before this Court praying for a
direction to the Trial Court to pass appropriate orders on
interlocutory application dated 18.08.2023 filed by the
decree holders on 24.08.2023 under Order VI Rule 17 of
CPC to amend the execution petition schedule.
3. Learned counsel for the petitioners would
submit that the suit is of the year 1983 and the judgment
and decree passed has attained finality reaching upto
Hon'ble Apex Court. It is submitted that the
petitioners/decree holders have filed I.A. under Order VI
Rule 17 of CPC to amend the execution petition schedule
by way of small correction and the said I.A. was filed on
24.08.2023 before the Trial Court. It is the grievance of
NC: 2023:KHC:42209
the petitioner that from the date of filing of I.A. for
amendment, the execution petition being adjourned from
time to time.
4. Learned counsel for the petitioners would
submit that respondent No.1/judgment debtor has also
filed objections to the above stated I.A. In the above
stated circumstances, taking note of the fact that the
judgment and decree put into execution is dated
26.08.2000 in O.S.No.51/1983, the Trial Court shall
endeavour to pass order on the above stated I.A. after
hearing the parties, expeditiously within one or two dates.
Accordingly, the writ petition stands disposed of.
Sd/-
JUDGE
MBM
