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2024 Supreme(Online)(KAR) 9370
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26257 OF 2023 (GM-CPC)
BETWEEN:
1. SMT. DYAVAMMA AGED ABOUT 63 YEARS D/O D HANUMANTHEGOWDA
2. SMT. GOWRAMMA AGED ABOUT 61 YEARS D/O D HANUMANTHEGOWDA 3. SMT. LAKSMI DEVAMMA AGED ABOUT 59 YEARS D/O D HANUMANTHEGOWDA
4. SMT. JAYAMMA AGED ABOUT 51 YEARS D/O D HANUMANTHEGOWDA
5. SRI. NANJUDEGOWDA AGED ABOUT 49 YEARS S/O D HANUMANTHEGOWDA ALL ARE RESIDING AT:
Digitally signed by BENDIGANAHALLI VILLAGE LAKSHMINARAYANA MURTHY RAJ ASHRI BENDIGANAHALLI POST Location: HIGH SOOLIBELE HOBLI COURT OF HOSAKOTE TALUK KARNATAKA BENGALURU RURAL DISTRICT – 562 129.
…PETITIONERS (BY SRI G.R.MOHAN ADVOCATE FOR SRI K R RAMESHA, ADVOCATE)
AND:
1. SRI. T.G. RANGASHAMAIAH AGED ABOUT 79 YEARS S/O LATE GANGADHARAIAH NO. 716, 2ND “D” CROSS
3RD MAIN, 3RD DIVISION
3RD STAGE, BASAVESHWARANAGARA BENGALURU – 560 079.
2. SRI. VIJAYA DEVEGOWDA AGED ABOUT 55 YEARS D/O D HANUMANTHEGOWDA
3. SRI. NARAYANSWAMY AGED ABOUT 52 YEARS S/O D HANUMANTHEGOWDA NO.2 AND 3 RESIDING AT BENDIGANAHALLI VILLAGE BENDIGANAHALLI POST SOOLIBELE HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 562 129.
…RESPONDENTS (BY SRI K.N PHANEENDRA, SR. COUNSEL A/W SRI. GIRISHA T R, ADVOCATE FOR R1 NOTICE TO R2 & R3 IS D/W V/O DATED 28/11/2023)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EX. NO. 25132/2014 ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL JUDGE, MAYO HALL, BANGALORE AND QUASH THE ORDER DATED 4TH JULY, 2023 DISMISSED THE APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, ANNX-A AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. This petition by the defendants in Execution Case No.
25132/2014 is directed against the impugned order dated 04.07.2023 whereby the application filed by the petitioners for permission to file objections to the main petition was rejected by the trial Court.
2. A perusal of the material on record will indicate that the main ground on which the request of the petitioners for permission to file their objections was rejected was that there was delay and execution proceedings were pending from 2014 onwards and the said delay disentitles the petitioners from seeking permission to file objections.
3. However, adopting a justice oriented approach and in order to provide one more opportunity to the petitioners, I deem it just and appropriate to set aside the impugned order, allow the application and direct the Executing Court to receive the statement of objections of the petitioners and proceed further in accordance with law. Since the execution proceedings are posted on 17.08.2024, having regard to the fact that the lis between the parties is more than one decade old, I deem it just and appropriate to direct the Executing Court to prepone the case from 17.08.2024 to 25.03.2024, to receive the objections of the petitioners and dispose of the execution proceedings in accordance with law. 4. Both the petitioners and respondents shall appear before the Executing Court on 25.03.2024 on which day the Executing Court shall receive the objections to be filed by the petitioners and proceed further and dispose of Execution Case No.
25132/2014 in accordance with law. All rival contentions of the parties on all aspects of the matter are kept open.
5. Subject to the aforesaid directions, petition stands disposed off.
