HIGH COURT OF KARNATAKA
KRISHNA S.DIXIT
MOHAMMED ALI SAB – Appellant
Versus
AMANULLA – Respondent
ORAL ORDER
The subject writ petition was disposed off by this court vide judgment dated 18.09.2019 wherein paras 2 &
3 read as under:
“2. Learned counsel for petitioners contends that, Section 54 of CPC as amended, being an exception to Order XXVI Rule 13 of CPC, no person other than the Deputy Commissioner (who is a persona designate u/s 54) could have been appointed as the Court Commissioner at the instance of Decree Holders.
3. Having heard the learned counsel for the petitioners and having perused the Petition Papers and having dispensed with notice to other side, because of innocuous nature of relief, these Writ Petitions are disposed off with a direction to the court below to entrust the subject matter to the jurisdictional Deputy Commissioner instead of Commissioner appointed by the Court.
Execution proceedings shall be accomplished without brooking delay.”
2. Learned counsel appearing for the review petitioners submits that there was no occasion for this court for voiding Annexures-C & D namely the Delivery Warrant dated 13.06.2018 inasmuch as the proceedings at the hands of Deputy Commissioner in terms of Sec.54 of CPC, 1908 were already accomplished and that the delivery warra
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