Karnataka High Court
M/S Laxven Chits Pvt. Ltd vs N Chandrakantha S/O N Satyanarayan on 11 November, 2024
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NC: 2024:KHC-D:16448
WP No. 106555 of 2024
C/W WP No. 106557 of 2024
WP No. 106559 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.106555 OF 2024 (GM-CPC)
C/W
WRIT PETITION NO. 106557 OF 2024
WRIT PETITION NO. 106559 OF 2024
IN W.P.NO.106555/2024:
BETWEEN:
M/S LAXVEN CHITS PVT. LTD.,
REP BY ITS DIRECTOR (FOREMAN)
K. GOPAL KRISHNA
S/O. LATE K. LAKSHMANA SETTY,
AGE: 81 YEARS, OCC: BUSINESS,
R/AT: K. L. S. COMPLEX, K. L. S. CIRCLE,
BALLARI ROAD, HOSAPETE - 583 201.
...PETITIONER
(BY SRI ZANZA JOSHI, ADVOCATE FOR
SRI GOURI SHANKAR MOT, ADVOCATE)
Digitally signed
AND:
by SAROJA
HANGARAKI
Location: High 1. N. CHANDRAKANTHA
Court of
Karnataka S/O. N. SATYANARAYAN,
AGE: 45 YEARS, OCC: CONTRACTOR,
R/O: MARIYAMMANAHALLI, HOSAPETE TALUK,
VIJAYANAGARA DISTRICT - 583 222.
2. MANJUNATHA S/O0 LATE UDACHAPPA,
AGE: 50 YEARS, OCC: HEAD MASTER,
TQ: NEAR DURUGAMMA TEMPLE,
BANK OF INDIA
ROAD, MARIYAMMANHALLI,
HOSAPETE TALUK,
VIJAYANAGARA DISTRICT - 583 222.
...RESPONDENTS
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NC: 2024:KHC-D:16448
WP No. 106555 of 2024
C/W WP No. 106557 of 2024
WP No. 106559 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN NATURE
OF MANDAMUS DIRECTING THE FIRST EXECUTING COURT TO
DISPOSE OFF THE EXE. CASE. NO. 67/2023 PENDING ON THE FILE
OF II ADDL. CIVIL JUDGE AND JMFC, AT HOSPETE WITHIN OUTER
LIMIT OF 3 MONTHS VIDE ANNEXURE-D AND ETC.,
IN W.P.NO.106557/2024:
BETWEEN:
M/S LAXVEN CHITS PVT. LTD.,
REP BY ITS DIRECTOR (FOREMAN)
K. GOPAL KRISHNA
S/O. LATE K. LAKSHMANA SETTY,
AGE: 81 YEARS, OCC: BUSINESS,
R/AT: K. L. S. COMPLEX, K. L. S. CIRCLE,
BALLARI ROAD, HOSAPETE - 583 201.
...PETITIONER
(BY SRI ZANZA JOSHI, ADVOCATE FOR
SRI GOURI SHANKAR MOT, ADVOCATE)
AND:
1. N. CHANDRAKANTHA
S/O. N. SATYANARAYAN,
AGE: 45 YEARS, OCC: CONTRACTOR,
R/O: MARIYAMMANAHALLI,
HOSAPETE TALUK,
VIJAYANAGARA DISTRICT - 583 222.
2. MANJUNATHA S/O0 LATE UDACHAPPA,
AGE: 50 YEARS, OCC: HEAD MASTER,
TQ: NEAR DURUGAMMA TEMPLE,
BANK OF INDIA
ROAD, MARIYAMMANHALLI,
HOSAPETE TALUK,
VIJAYANAGARA DISTRICT - 583 222.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN NATURE
OF MANDAMUS DIRECTING THE FIRST EXECUTING COURT TO
DISPOSE OFF THE EXE. CASE. NO. 78/2023 PENDING ON THE FILE
OF ADDL. SENIOR CIVIL JUDGE AND JMFC, AT HOSPETE WITHIN
OUTER LIMIT OF 3 MONTHS VIDE ANNEXURE-D AND ETC.,
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NC: 2024:KHC-D:16448
WP No. 106555 of 2024
C/W WP No. 106557 of 2024
WP No. 106559 of 2024
IN W.P.NO.106559/2024:
BETWEEN:
M/S LAXVEN CHITS PVT. LTD.,
REP BY ITS DIRECTOR (FOREMAN)
K. GOPAL KRISHNA
S/O. LATE K. LAKSHMANA SETTY,
AGE: 81 YEARS, OCC: BUSINESS,
R/AT: K. L. S. COMPLEX, K. L. S. CIRCLE,
BALLARI ROAD, HOSAPETE - 583 201.
...PETITIONER
(BY SRI ZANZA JOSHI, ADVOCATE FOR
SRI GOURI SHANKAR MOT, ADVOCATE)
AND:
1. N. CHANDRAKANTHA
S/O. N. SATYANARAYAN,
AGE: 45 YEARS, OCC: CONTRACTOR,
R/O: MARIYAMMANAHALLI,
HOSAPETE TALUK,
VIJAYANAGARA DISTRICT - 583 222.
2. MANJUNATHA S/O0 LATE UDACHAPPA,
AGE: 50 YEARS, OCC: HEAD MASTER,
TQ: NEAR DURUGAMMA TEMPLE,
BANK OF INDIA
ROAD, MARIYAMMANHALLI,
HOSAPETE TALUK,
VIJAYANAGARA DISTRICT - 583 222.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN NATURE
OF MANDAMUS DIRECTING THE FIRST EXECUTING COURT TO
DISPOSE OFF THE EXE. CASE. NO. 76/2023 PENDING ON THE FILE
OF ADDL. SENIOR CIVIL JUDGE AND JMFC, AT HOSPETE WITHIN
OUTER LIMIT OF 3 MONTHS VIDE ANNEXURE-D AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
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NC: 2024:KHC-D:16448
WP No. 106555 of 2024
C/W WP No. 106557 of 2024
WP No. 106559 of 2024
ORAL ORDER/JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The writ petitions are filed seeking for the following
reliefs:
"WHEREFORE, for the reasons stated above the
Petitioner most respectfully prays that this Hon'ble Court
may kindly be pleased to:-
a) Issue a writ in nature of Mandamus directing the first
executing court to dispose off the Exe. Case. No 67/2023
pending on the file of Hon'ble II Addl. Civl Civil Judge
and JMFC, At Hospete within outer limit of 3 months vide
ANNEXURE - D.
b) Issue such other suitable orders or directions as this
Hon'ble Court deems fit and proper in the nature and
circumstances of the case, in the interest of justice and
equity."
"WHEREFORE, for the reasons stated above the
Petitioner most respectfully prays that this Hon'ble Court
may kindly be pleased to:-
a) Issue a writ in nature of Mandamus directing the first
executing court to dispose off the Exe. Case. No 78/2023
pending on the file of Hon'ble Adll. Sr. Senior Civil Judge
and JMFC, At Hosapete within outer limit of 3 months
vide ANNEXURE - D.
b) Issue such other suitable orders or directions as this
Hon'ble Court deems fit and proper in the nature and
circumstances of the case, in the interest of justice and
equity."
NC: 2024:KHC-D:16448
"WHEREFORE, for the reasons stated above the
Petitioner most respectfully prays that this Hon'ble Court
may kindly be pleased to:-
a) Issue a writ in nature of Mandamus directing the first
executing court to dispose off the Exe. Case. No 76/2023
pending on the file of Hon'ble Additional Senior Civil
Judge and JMFC, At Hosapete within outer limit of 3
months vide ANNEXURE - D.
b) Issue such other suitable orders or directions as this
Hon'ble Court deems fit and proper in the nature and
circumstances of the case, in the interest of justice and
equity."
2. Learned counsel for the petitioner submits that the
respondents are seeking to delay the payment of money and
are dragging on the execution proceedings. That they are, on
one pretext or the other, dragging on the execution
proceedings. Further, learned counsel for the petitioner relies
on the order dated 13.09.2024 passed by a Co-ordinate Bench
of this Court, in WP.No.105417/2024 whereunder a similar
direction has been issued.
3. Since the execution proceedings have been initiated
to execute the award dated 26.04.2023 passed by the Deputy
Registrar of Chit Funds and Co-operative Societies, Bellary and
the said execution proceedings have been filed on 04.08.2023
NC: 2024:KHC-D:16448
itself and despite arrest notice having been issued, it is
forthcoming that on the ground of settlement, the matters are
being periodically adjourned.
4. In view of the aforementioned, the writ petitions
are disposed of by directing the Execution Court to dispose of
the execution proceedings as expeditiously as possible as in
accordance with law.
SD/-
(C.M. POONACHA)
JUDGE
PNV
