IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 24551/2013 (GM-CPC) BETWEEN:
Smt B.A.Nagarathna W/o Anjaneya Gupta, Aged about 63 years, Residing at Tank Road, Magadi Town, Ramanagaram District. ...PETITIONER (By Sri N G Phadke Adv., ) AND:
1. Sri Channabasavaraju M.S Son of M.R.Siddappa, Aged : Major, Garment Merchant, Municipal Complex Shop, R.R.road, Magadi-562 120.
2. Sri B.L. Nagaraj Gupta, Son of Lakshminarayana Shetty, Major, Residing at No.540/394, Tank Road, Magadi-562 120. …RESPONDENTS (By Sri B.T. Indu Shekar Adv., for R-2, R-1 Served) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 6.4.2013 IN EXECUTION 4/1997 VIDE ANN-D ON THE FILE OF THE PRINCIPAL CIVIL JUDGE & JMFC, MAGADI AND DIRECT THE CORT BELOW TO PROCEED WITH THE MATTER.
THIS WRIT PETITION IS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed challenging the impugned order dated 6.4.2013 in Ex. Case No.4/1997 passed by the trial court by which it has been held that the execution petition is not maintainable since the final decree has not been obtained by the plaintiff- petitioner. The suit filed by the plaintiff was for redemption of mortgage and the decree was in essence of a preliminary decree.
2. The learned counsel for the petitioner after arguing the matter at length submits that he may be permitted to withdraw the execution petition with liberty to file final decree proceedings. The same is placed on record. This writ petition is disposed of reserving liberty to initiate final decree proceedings It is made clear that any observations made by the executing court in the impugned order will not bind either of the parties. All contentions are left open to be decided in the contemplated final decree proceedings.
Sd/- JUDGE NM