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2022 Supreme(Online)(Kar) 48651

KARNATAKA HIGH COURT - BENCH AT DHARWAD
DADA S/O BALU ROOGE – Appellant
Versus
APPASAHEB S/O KIRAN KESTE – Respondent


DATED

23.04.2021

IN

ALLOWING

IA

NO.2

CONSEQUENTLY, QUASH THE DELIVERY WARRANT ISSUED IN EP

NO.73/2014 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE,

CHIKKODI, VIDE ANNEXURE-J.

THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING

BEEN RESERVED FOR ORDERS ON 20.4.2022, THIS DAY, THE COURT

THROUGH VIDEO CONFERENCE PRONOUNCED THE FOLLOWING:

ORDER

The petitioner is before this Court seeking for the

following reliefs:

a.

Issue a writ or direction in the nature of Certiorari

quashing the Order dated 23.04.2021 in allowing IA

No.2. Consequently, quash the delivery warrant

issued in EP No.73/2014 on the file of Principal Senior

Civil Judge, Chikkodi, vide Annexure-J.

b.

Issue any other writ or direction which this Hon9ble

deems fit to meet the ends of justice.

Brief facts of the case are:

2.1. The

petitioners

are

Judgment

debtors

and

respondents are decree holders in Execution

Petition No.73/2014 pending on the file of the Prl.

Senior Civil Judge, Chikodi.

2.2. The respondents who are plaintiffs had filed a suit

against the petitioners in O.S.No.65/2010 before

the Senior Civil Judge, Chikodi seeking for a decree

- 3 -

of specific performance and a direction to the

petitioners herein to exec

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