Sri. A. G. Hoover vs Sri. Darshan Manar
2024 Latest Caselaw 3401 Kant

Karnataka High Court

Sri. A. G. Hoover vs Sri. Darshan Manar on 5 February, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                                 -1-
                                                                  NC: 2024:KHC:5152
                                                            WP No. 3369 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 5TH DAY OF FEBRUARY, 2024

                                               BEFORE
                           THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                              WRIT PETITION NO. 3369 OF 2024 (GM-CPC)
                   BETWEEN:

                   SRI. A. G. HOOVER
                   S/O. LATE SR. N. N. HOOVER,
                   AGED ABOUT 72 YEARS,
                   NO. 8, 1ST MAIN ROAD, LAZER LAYOUT,
                   BANGALORE-560 005.
                                                                       ...PETITIONER
                   (BY SRI. B N JAYADEVA.,ADVOCATE)
                   AND:
                   1.     SRI. DARSHAN MANAR
                          S/O. LATE N. N. DHAYANANDA,
                          AGED ABOUT 30 YEARS,
                          RESIDING AT KUDIDELE ESTATE,
                          RAYARAKOPPALU POST,K. HOSAKOTE HOBLI,
                          SAKALESHPURA TALUK,
                          HASSAN DISTRICT-573 129.

                   2.     SMT. N. D. MANJULADEVI
Digitally signed          W/O. LATE N. N. DHAYANANDA,
by VANDANA S
Location:                 AGED ABOUT 66 YEARS,
HIGH COURT
OF                        RESIDING AT KUDIDELE ESTATE,
KARNATAKA                 RAYARAKOPPALU POST,K. HOSAKOTE HOBLI,
                          SAKALESHPURA TALUK,
                          HASSAN DISTRICT-573 129.

                   3.     SRI. N. D. MADHUMITRA
                          S/O. LATE N. N. DHAYANANDA,
                          AGED ABOUT 42 YEARS,
                          RESIDING AT KUDIDELE ESTATE,
                          RAYARAKOPPALU POST, K. HOSAKOTE HOBLI,
                          SAKALESHPURA TALUK,
                          HASSAN DISTRICT-573 129.
                                                                    ...RESPONDENTS
                                  -2-
                                                 NC: 2024:KHC:5152
                                             WP No. 3369 of 2024




      THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION
OF INDIA PRAYING TO DIRECT EARLY DISPOSAL OF EXECUTION CASE
NO. 202/2018 ON THE FILE OF THE HONBLE PRINCIPAL, CIVIL JUDGE
AND CJM AT HASSAN BY CONSIDERING THE APPLICATION FILED BY
THE PETITIONER U/S 151 OF THE CPC AT ANNEXURE-C.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:


                              ORDER

In this petition, the limited request of the petitioner - decree

holder is for a direction to the Executing Court to conclude the

execution proceedings within a stipulated time frame.

2. It is the grievance of the petitioner that the said execution

proceedings arise out of the judgment and decree dated

24.11.2017 passed in O.S.No.45/2009 and the petitioner being a

senior citizen, he is not been able to obtain and enjoy the fruits of

the decree and as such, he is before this Court by way of the

present petition. It is also submitted that the execution proceedings

are posted before the Trial Court on 09.02.2024.

NC: 2024:KHC:5152

3. In view of the aforesaid facts and circumstances, the Trial

Court is directed to dispose of the Execution proceedings in

Ex.No.202/2018 on or before 31.05.2024.

Sd/-

JUDGE DHA