Karnataka High Court
M/S Tirumala Constructions vs Smt. M Mamatha on 15 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:14960
WP No. 6132 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.6132 OF 2024 (GM-CPC)
BETWEEN:
1. M/S TIRUMALA CONSTRUCTIONS
A REGISTERED PARTNERSHIP FIRM
OFFICE AT NO.326,
5TH MAIN, 10TH CROSS
4TH STAGE
VINAYAKA LAYOUT
NAGARABHAVI
BENGALURU - 560 072
REPRESENTED BY ITS
MANAGING PARTNERS
MR. MOHAN R AND
MR. PRAVEEN M.
2. MR. MOHAN R.
S/O LATE RANGANATHAN
AGED ABOUT 76 YEARS
OFFICE AT NO.326,
5TH MAIN, 10TH CROSS
Digitally signed by 4TH STAGE, VINAYAKA LAYOUT
VANDANA S NAGARABHAVI
Location: High
Court of Karnataka BENGALURU - 560 072.
3. MR. PRAVEEN MOHAN
S/O MOHAN R
AGED ABOUT 43 YEARS
OFFICE AT NO.326,
5TH MAIN, 10TH CROSS
4TH STAGE, VINAYAKA LAYOUT
NAGARABHAVI
BENGALURU - 560 072.
...PETITIONERS
(BY SRI. CHETHAN KUMAR K.,ADVOCATE)
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NC: 2024:KHC:14960
WP No. 6132 of 2024
AND:
SMT. M. MAMATHA
W/O R. MANJUNATH
AGED ABOUT 35 YEARS
R/AT NO. 23,
HIG A SECTOR
2ND MAIN ROAD,
YALAHANKA
BENGALURU - 560 064.
...RESPONDENT
(BY SRI. K.K. VASANTH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DATED 03.02.2024 PASSED ON THE
JURISDICTION IN COM.EX.586/2023 PENDING BEFORE THE
LEARNED LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
AT BANGALORE (CCH-86) VIDE ANNEXURE-E AND
CONSEQUENTLY DISMISSED THE EXECUTION PETITION FILED BY
THE FILED BY THE RESPONDENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned order dated
03.02.2024 passed in Ex.586/2023 on the file of LXXXV Addl. City
Civil & Sessions Judge, Bangalore. When the matter was posted
before this Court on 11.03.2024, the following order was passed:
"Issue emergent notice to the respondent returnable by
15th April 2024.
In the meanwhile, further proceedings in Com.Ex.Petition
No.586/2023 pending on the file of the LXXXV Additional
City Civil and Sessions Judge, Bengaluru (CCH-86), are
NC: 2024:KHC:14960
stayed subject to petitioners depositing 25% of the
amount covered under the settlement entered into
between the petitioners and respondent before the
District Legal Services Authority, Bengaluru Urban. The
amount shall be deposited before the Executing Court on
or before 10th April 2024.
Liberty is reserved in favour of respondent to seek
vacation/modification of this Order.
Two weeks' time is granted to comply with the office
objections."
2. The petitioners - judgment debtors have not complied the
aforesaid order and have not deposited the amount as directed by
this Court. Under these circumstances nothing further survives in
the present petition which deserves to be dismissed.
3. Learned counsel for the petitioners seeks time to comply
with the directions issued by this Court. However, in view of the
objections and submission of the learned counsel for the
respondent that sufficient opportunity has been granted in favour of
the petitioners and since no amount has been deposited by the
petitioners and also having regard to the impugned order which
does not suffer from any illegality or infirmity warranting
interference of this Court in exercise of its powers under Article 227
of the Constitution of India, as held by the Apex Court in the case
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of Radhey Shyam Vs. Chhabi Nath reported in (2015) 5 SCC
423, I do not find any merit in the petition and the same is hereby
dismissed.
Sd/-
JUDGE
DHA
