IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 43917 OF 2016 (GM-CPC) BETWEEN:
GOPILAL LADDHA S/O LATE RAMPAL AGED ABOUT 69 YEARS R/A NO.2741 17TH CROSS, 8TH B MAIN ROAD BANASHANKARI II STAGE BENGALURU-560070.
(BY SRI. S SHEKAR SHETTY, ADVOCATE) AND:
1. MOOLENDRA KUMAR GANDHI SINCE DECEASED BY LRS.
1(A) SMT. URMILA GANDHI, W/O LATE MOOLENDRA KUMAR GANDHI, AGED ABOUT 70 YEARS, 1(B) SRI. AMITH GANDHI, S/O LATE MOOLENDRA KUMAR GANDHI, AGED ABOUT 40 YEARS, 1(C) SMT. DEEPIKA JAIN, D/O LATE MOOLENDRA KUMAR GANDHI, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT NO.501/502, 1ST CROSS, 3RD MAIN, SRINAGAR, BENGALURU – 560 050.
R1(A TO C) AMENDED AS ON 05.03.2019.
… PETITIONER 2. SMT BABY KUMARI GANDHI D/O SRI AMRITHLAL AGED ABOUT 58 YEARS BOTH ARE C/O MICRO STRIPS AVALAHALLI, TIMBER YARD LAYOUT MYSORE ROAD, BENGALURU-560026.
… RESPONDENTS (BY SRI. PARAS JAIN, ADVOCATE FOR R1(A-C);
V.C.O. DATED 29.08.2016 COPY SERVED ON CAVETOR) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 READ WITH 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ON I.A.6 DATED 31.10.2014 IN EX.458/2007 PASSED BY THE VI ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY AT ANNEX-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This writ petition by the obstructer in Execution No. 458/2007 lays a challenge to the order dated 31.10.2014 to the extent it keeps his application filed under Order XXI Rule 97 of CPC, 1908, in abeyance.
This writ petition has become infructuous inasmuch as the said application having been considered on merits, has been rejected vide order dated 15.02.2017 and that the same is put in challenge by the petitioner in Regular First Appeal pending on the file of this Court.
It is needless to mention that reasoning or findings in the impugned order pale into insignificance, all contentions of the parties having been kept open for consideration in the pending RFA.
Sd/- JUDGE Bsv