Karnataka High Court
Smt. B.S. Padmavathi Since Dead By Her ... vs M/S Intertec Forge Pvt. Ltd on 29 May, 2024
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NC: 2024:KHC:18118
WP No. 4465 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 4465 OF 2024 (GM-CPC)
BETWEEN:
SMT. B.S. PADMAVATHI
SINCE DEAD BY HER LR'S
1. SRI. H.V. ASHWATH,
S/O LATE VENKATASUBBAIAH
AGED ABOUT 87 YEARS.
2. SRI. SUNIL KUMAR ASHWATH
S/O SRI. H.V. ASHWATH
AGED ABOUT 42 YEARS.
BOTH ARE RESIDING AT
NO.36/2, TALAGATTAPURA VILLAGE,
Digitally KANAKAPURA MAIN ROAD,
signed by V NEAR BMIC JUNCTION,
MANJUSHA
BAI BENGALURU - 560 062.
Location: ...PETITIONERS
High Court
of Karnataka (BY SRI. MAHESH B.J., ADVOCATE)
AND:
M/S INTERTEC FORGE PVT. LTD.,
NO.178, 17TH KM
TALAGATTAPURA,
NEAR NICE BRIDGE,
KANAKAPURA MAIN ROAD,
BENGALURU - 560 062
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NC: 2024:KHC:18118
WP No. 4465 of 2024
REPRESENTED BY ITS MANAGING DIRECTOR,
SRI. T.S. RAVI CHANDAR
S/O LATE T.R. SHAMANNA,
COMPANY INCORPORATED UNDER COMPANIES ACT.
...RESPONDENT
(BY SRI. N. GOWTHAM RAGHUNATH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
1ST ADDL. SENIOR CIVIL JUDGE, BANGALORE RURAL
DISTRICT, BANGALORE IN EX. NO. 100/2023 TO ISSUE
DELIVERY WARRANT AGAINST THE JUDGMENT DEBTOR
THEREON, FORTHWITH, WITH RESPECT TO PETITION
SCHEDULE PROPERTY AND PASS SUCH OTHER ORDERS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Petitioners are the landlords and the respondent is
the tenant. The petitioners filed an eviction suit and there
was a compromise entered into between the parties
wherein, the respondent was required to vacate the suit
schedule property on or before 30.09.2023.
2. However, as the respondent failed to vacate the
same, the petitioners filed Ex.No.100/2023. However, as
there is a delay in proceedings of Ex.No.100/2023, the
petitioners filed the instant writ petition with a prayer to
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direct the Executing Court to issue a necessary delivery
warrant against the respondent.
3. The respondent submits that, for reasons beyond his
control, he could not vacate the suit schedule property on
or before 30.09.2023 and further submits that if he is
granted time till 30.06.2024, he shall vacate the suit
schedule property and he also submits that if he fails to do
so, a direction may be issued to the Executing Court to
issue a delivery warrant forthwith and he will not be
making any further applications for extension of time.
4. The learned counsel for the petitioners is agreeable
for the same. Hence, the following:
ORDER
i. The respondent shall vacate the suit
schedule property on or before
30.06.2024 failing which, the
petitioners are given the liberty to
move the Execution Court and seek a
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delivery warrant against the
respondent and the same shall be
issued forthwith.
ii. Ex.No.100/2023 will be kept pending
till such a date.
iii. The Writ Petition is hereby disposed
off accordingly.
Sd/-
JUDGE
CH
