K Vijaya Kumar vs Siddalingayya And Ors
2024 Latest Caselaw 26518 Kant

Karnataka High Court

K Vijaya Kumar vs Siddalingayya And Ors on 6 November, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                          NC: 2024:KHC-K:8137
                                                     WP No. 203215 of 2023




                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                          DATED THIS THE 6TH DAY OF NOVEMBER, 2024

                                           BEFORE

                        THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR

                           WRIT PETITION NO.203215/2023(GM-CPC)

                   BETWEEN:

                   K VIJAYA KUMAR
                   S/O K. VEERANNA,
                   AGE: 54 YEARS,
                   OCC: TAHASILDAR SHORAPUR,
                   R/O. TAHASILDAR VASTHI GRUAHA 2 TAHASILDAR
                   OFFICE ROAD SHORAPUR
                   TQ. SHORAPUR
                   DIST. YADGIRI - 585 224.
                                                            ...PETITIONER
                   (BY SRI B. BHIMASHANKAR, ADVOCATE)
Digitally signed
by SUMITRA
SHERIGAR
                   AND:
Location: HIGH
COURT OF
KARNATAKA
                   1.   SIDDALINGAYYA
                        S/O MALLIKARJUNAYYA HIREMATH
                        AGE: 42 YEARS, OCC: AGRICULTURE
                        R/O KEMBHAVI
                        TQ. SHORAPUR
                        DIST. YADGIRI

                   2.   SMT. PUSHPAVATI W/O. SADAKSHARAYYA
                        AGE 53 YEARS, OCC: HOUSEHOLD
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                                    NC: 2024:KHC-K:8137
                                 WP No. 203215 of 2023




3.   SMT. GEETA
     W/O SHIVANAND HIREMATH
     AGE: 46 YEARS
     OCC: HOUSEHOLD

4.   SRI SAGAR
     S/O SHIVANAND HIREMATH
     AGE: 27 YEARS
     OCC: AGRICULTURE

5.   KUMARI VARSHA
     D/O SHIVANAND HIREMATH
     AGE: 25 YEARS
     OCC: AGRICULTURE

     ALL R/O. KEMBHAVI
     TQ. SHORAPUR
     DIST. YADGIRI.

6.   THE STATE OF KARNATAKA
     R/BY PRINCIPAL SECRETARY
     REVENUE DEPARTMENT
     3RD GATE, 5TH FLOOR
     M.S. BUILDING
     DR.B.R. AMBEDKAR ROAD,
     BENGALURU- 560 001.
                                       ...RESPONDENTS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADV., FOR R1 TO R5;
 SRI PUNITH MARKAL ADV. FOR R2;
 SMT. MAYA T.R., HCGP, FOR R6)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE
PETITION AND QUASH THE IMPUGNED ORDER DATED
21.11.2020 ON I.A. NO.III PASSED IN EXECUTION PETITION
NO.02/2019 BY THE CIVIL JUDGE AND JMFC SHORAPUR
PRODUCED AT ANNEXURE-D.
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                                             NC: 2024:KHC-K:8137
                                         WP No. 203215 of 2023




    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR


                         ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

In this petition, the petitioner has sought for the

following relief:

"Allow the petition and Quash the impugned order Dtd.21.11.2020 on I.A. No.III, passed in Execution Petition No.02/2019 by the learned Civil Judge and JMFC Shorapur produced at ANNEXURE-D."

2. Heard learned counsel for the petitioner and

learned counsels for respondent Nos.1 to 5 and learned

High Court Government Pleader for respondent No.6 and

perused the material on record.

3. Though several contentions have been urged by

both sides in support of their respective claims, it is an

undisputed fact as born out from the material on record

that as the petitioner is arrayed as judgment debtor No.1

in the instant EP No.2/2019 and has already filed his

NC: 2024:KHC-K:8137

statement of objections and he contesting the execution

proceedings filed by respondent Nos.1 and 2/decree

holders. Under this circumstance, nothing further survives

in the present petition. Accordingly, the writ petition

stands disposed of directing the Executing Court to

proceed further and conduct necessary enquiry and hear

both the sides and pass appropriate orders in accordance

with law, after providing sufficient and reasonable

opportunity to both the parties.

4. Subject to the aforesaid directions, the petition

stands disposed of.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

SBS