AYUB Vs ABDUL RAZAK S/O DASTAGIR KANAMADI @ MULLA DIED BY HIS LRS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

W.P.No.201200/2022
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8^TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION NO.201200/2022 (GM-CPC)
BETWEEN:
AYUB S/O MOULASAB KANAMADI,
AGE 49 YEARS, OCC.CONTRACTOR,
R/O CTS NO.903, NEAR HONA ONI MASJID,
JORAPUR PETH, VIJAYAPURA.

… PETITIONER
(BY SRI VINAYAK APTE, ADVOCATE)
AND:
ABDUL RAZAK S/O DASTAGIR KANAMADI @ MULLA
DIED BY HIS LRS
1. SHAILARBI W/O ABDUL RAZAK KANAMADI @ MULLA
AGE 78 YEARS, OCC.HOUSEHOLD WORK,
R/O NEAR HONA ONI MASJID,
JORAPUR PETH, VIJAYAPURA.
2. DAYI HALIMA W/O HAJISAB KOLHAR,

AGE 53 YEARS, OCC.HOUSEHOLD WORK,
R/O NEAR HONA ONI MASJID,
JORAPUR PETH, VIJAYAPURA.
3. SHABAJ S/O MAKABULSAB KANAMADI
W.P.No.201200/2022
2

AGE 35 YEARS, OCC. MASON,
R/O NEAR HONA ONI MASJID,
JORAPUR PETH, VIJAYAPURA.

… RESPONDENTS
(BY SRI BIRADAR VIRANAGOUDA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY
QUASHING THE IMPUGNED ORDER DATED 24.09.2021
PASSED IN EP NO. 474/2019 ON THE FILE OF III ADDL.
CIVIL JUDGE AND JMFC, VIJAYAPURA AS PER ANNEXURE - G
AND IMPUGNED ORDER DATED 08.3.2022 ON I.A NO. IV IN
EP NO. 474/2019 ON THE FILE OF III ADDL. CIVIL JUDGE
AND JMFC, VIJAYAPURA AS PER ANNEXURE - J, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS
PETITION
COMING
ON
FOR
PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

Heard the learned counsel for the petitioner and also

the learned counsel appearing for respondents No.1 and 2

who have entered caveat.

The instant writ petition is filed challenging the

order dated 24.09.2021 vide Annexure-G and the order

dated 08.03.2022 vide Annexure-J passed on IA No.IV in

E.P.No.474/2019 by the court of III Addl. Civil Judge and

JMFC, Vijayapura.

The admitted facts of the case as revealed from

records are that the deceased respondent Abdul Razak had

filed OS No.184/2007 against the petitioner and respondent

No.3 herein seeking relief of declaration and possession and

said suit was decreed by a judgment and decree dated

02.01.2009. The said decree has admittedly attained finality.

Thereaftewards the respondents No.1 and 2 have filed the

execution petition in E.P.No.474/2019 before the Trial Court

with a prayer to direct the petitioner and the third

respondent herein to deliver the possession of the property.

In the said execution petition applications have been filed in

IAs 3 and 4 for providing police protection and also breaking

open the lock of the suit schedule premise. The said

applications have been allowed by the Executing Court which

has been challenged by the petitioner who is the Judgment

Debtor before the Executing Court.

It is not in dispute that the judgment and decree

passed in OS No.184/2007 on 02.01.2009 has attained

finality. Inspite of suffering the judgment and decree the

petitioner/judgment debtor has not taken any steps to

challenge the said judgment and decree and on the other

hand he has now questioned the order passed by the

Executing Court in providing police protection to the decree

holder and also during breaking open of the lock of the

petition premises. The Executing Court has passed the said

order only in order to aid the decree holder to get the

possession of the property on the strength of the decree

which

has

been

obtained

year

2007.

The

petitioner/judgment debtor herein has not made out any

case to interfere with the said orders passed by the

Executing Court. Under the circumstances, I am of the

considered view that no interference is called for as against

the orders impugned in this writ petition. Accordingly, the

writ petition is dismissed.

Sd/-

JUDGE

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