Karnataka High Court
Sri H V Narayana Reddy vs Sri N Lakshminarayana on 1 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:13189
WP No. 7695 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 7695 OF 2024 (GM-CPC)
BETWEEN:
SRI H.V.NARAYANA REDDY
S/O H.N.V ENKATA REDDY
AGED ABOUT 65 YEARS
PROP:SUHAS MOTORS
B.B.ROAD
CHIKKABALLAPURA-562 101
R/AT BEHIND LIC OFFICE
IST CROSS, KONDENAHALLI
NARAYANASWAMY BUILDING (IST FLOOR)
CHIKKABALLAPURA CITY-562 101
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
...PETITIONER
(BY SRI. P.M. NARAYANA SWAMY, ADVOCATE)
AND:
Digitally signed by
VANDANA S SRI N.LAKSHMINARAYANA
Location: High S/O LATE N.A.VENKATESHAIAH
Court of Karnataka
AGED ABOUT 89 YEARS
R/AT 24TH WARD, N.P.O.ROAD
CHIKKABALLAPURA-562 101
...RESPONDENT
(BY SRI.K.VIJAYA KUMAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA PRAYING TO QUASH THE ORDER PASSED ON IA NO. 1 FILED BY
THE RESPONDENT UNDER SECTION 151 CPC FOR ISSUE OF DELIVERY
WARRANT WITH AN ORDER TO BREAK OPEN THE LOCK AND DOOR
-2-
NC: 2024:KHC:13189
WP No. 7695 of 2024
WITH POLICE HELP DATED 26/02/2024 IN EXECUTION PETITION NO.
31/2023 AT ANNEXURE-A AND ETC.,
THIS WP IS COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned order dated
26.02.2024 passed on I.A.No.1 in Execution No.31/2023 by the
Principal Civil Judge and JMFC, Chikkaballapura. When the matter
was posted before this court on 12.03.2024, the following order
was passed;
"Learned counsel for the petitioner submits that
aggrieved by the ex-parte judgment and decree dated
09.06.2023 passed in O.S.No.169/2022, the petitioner has filed
Misc.18/2023, in which he has sought for stay of the ex-parte
judgment and decree. It is submitted that the petitioner has filed
an application for stay and the same is pending consideration
and if some time is granted to the petitioner to take necessary
steps, he would request the said Court to pass an order of stay
on the said application.
The said submission is placed on record.
Issue emergent notice to the respondent returnable by
28.03.2024.
Petitioner is also permitted to serve the counsel
appearing for the respondent before the Executing Court.
NC: 2024:KHC:13189
In the meanwhile, for the limited purpose of enabling the
petitioner to obtain necessary interim order in Misc.18/2023, all
further proceedings in Ex.No.31/2023 pending on the file of
Prl.Civil Judge and JMFC, Chikkaballapura, are hereby stayed
till the next date of hearing.
It is made clear that in the event the petitioner does not
obtain necessary interim order in Misc.No.18/2023 by the next
date of hearing, the present interim order would stand vacated
automatically without further orders.
Re-list on 28.03.2024.
Liberty is reserved in favour of respondents to seek
vacation / modification of this order."
2. Learned counsel for the parties submit that on 25.03.2024,
the trial court has passed the order of status quo in
Misc.No.18/2023.
3. In view of the aforesaid facts and circumstances and
conditional interim order passed by this court as stated above,
nothing further survives in the present petition and the same is
accordingly disposed off.
SD/-
JUDGE
AV
