Karnataka High Court
Sri Parashuramappa vs Smt Krishnamma on 5 August, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:30946
WP No. 20807 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 20807 OF 2024 (GM-CPC)
BETWEEN:
SRI. PARASHURAMAPPA
S/O LATE NANJAPPA,
AGED ABOUT 64 YEARS,
R/AT SINGAHALLI VILLAGE,
BUDIGERE POST, JALA HOBLI,
YELAHANKA TALUK, BENGALURU -562129.
...PETITIONER
(BY SRI. MANJUNATHA S N., ADVOCATE)
AND:
SMT. KRISHNAMMA
Digitally signed SINCE DEAD BY HER LRS
by JUANITA
THEJESWINI
1. SRI. SOMASHEKAR
Location: HIGH
COURT OF S/O LATE. KRISHNAMMA & LATE NARAYANAPPA
KARNATAKA AGED ABOUT 51 YEARS,
2. SMT. MUNIRATHANA,
D/O LATE KRISHNAMMA AND LATE. NARAYANAPPA,
AGED ABOUT 46 YEARS,
3. SMT. RADHAMMA,
D/O LATE. KRISHNAMMA AND LATE. NARAYANAPPA,
AGED ABOUT 43 YEARS
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WP No. 20807 of 2024
4. SRI. RAJASHEKAR.N,
S/O.LATE.KRISHNAMMA AND LATE. NARAYANAPPA,
AGED ABOUT 43 YEARS
5. SRI.GOPAL,
S/O.LATE. NANJAPPA,
AGED ABOUT 60 YEARS,
6. SRI.SANTHOSH,
S/O LATE. DEVARAJA,
AGED ABOUT 31 YEARS,
7. SRI. CHANDRAPPA,
S/O LATE. NANJAPPA,
AGED ABOUT 51 YEARS,
ALL ARE AT SINGAHALLI VILLAGE,
BUDIGERE POST, JALA HOBLI,
YELAHANKA TALUK, BENGALURU -562129
...RESPONDENTS
(BY SRI.K.VARAPRASAD & SMT.KAVITHA R. REDDY.,
ADVOCATES FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNSER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DTD. 11.07.2024 IN IA NO. 1 IN EX.NO.18/2023 ON
THE FILE OF THE HONBLE COURT OF ADDL. SENIOR CIVIL
JUDGE AND JMFC AT DEVANAHALLI IN ANNX-A AND
CONSEQUENTLY DISMISS THE IA NO.1 FILED BY THE
RESPONDENTS / DECREE HOLDERS UNDER ORDER 20 RULE 12
R/W SECTION 54 OF CPC AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 20807 of 2024
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned Counsel Sri.K.Varaprasad had entered
appearance for respondents No.1 to 4-Decree Holders.
Notice to respondents No.5 to 7 is not necessary for the
following:
A suit was filed by Smt.Krishnamma, the mother of
respondents No.1 to 4 for declaration, mandatory
injunction to demolish the structure put up by the
defendants in suit schedule 'B' property and further to
direct the defendants to deliver vacant physical possession
of suit schedule 'B' property and for permanent injunction.
Suit schedule 'A' property measures 3 Guntas while suit
schedule 'B' property measures 1 Gunta, which is said to
be encroached upon by the defendants. The suit was
decreed on 13.09.2023 and thereafter, the legal
representatives of Smt.Krishnamma filed an Execution
Petition.
NC: 2024:KHC:30946
submits that the petitioner herein filed a Regular Appeal
only after the Execution Petition was filed by the Decree
Holders. The learned Counsel would also submit that the
petitioner has not been diligent in prosecuting the case
and the petitioner has also not come before this Court with
clean hands. It is contended that the sketch prepared by
the revenue authorities clearly show that the land in
question belongs to the Decree Holders and that aspect of
the matter has not been brought to notice of this Court.
3. Nevertheless, having regard to the fact that the
Judgment Debtors have filed a Regular Appeal, and an
application for stay is also filed by them and the said
application is yet to be heard, this Court is of the
considered opinion that interference may be required at
the hands of this Court.
4. At this juncture, learned Counsel for respondents
No.1 to 4 submit that a direction may be given to the
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Appellate Court to dispose of the Appeal itself in a time
bound manner.
5. Accordingly, the writ petition stands disposed of
with a direction to the V Additional District and Sessions
Judge, Bengaluru Rural District at Devanahalli, to hear and
dispose of the Appeal in R.A.No.15055/2023, as
expeditiously as possible and at any rate within a period of
Six months from the date of receipt of a copy of this order.
6. Needless to observe that the execution
proceedings shall not be proceeded till the disposal of the
Regular Appeal.
Sd/-
(R DEVDAS)
JUDGE
DL
CT: JL
