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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