IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.47801/2017(GM-CPC) 1. KUM. ARPITHA A. N. D/O NINGAPPA, AGED ABOUT 22 YEARS, R/O ATTIMOGGE VILLAGE, AJJAMPURA HOBLI, TARIKERE TALUK, CHIKMAGALUR DISTRICT-577001.
2. KUM. SUPRITHA A N D/O NINGAPPA, AGED ABOUT 20 YEARS, R/O ATTIMOGGE VILLAGE, AJJAMPURA HOBLI, TARIKERE TALUK, CHIKMAGALUR DISTRICT-577001.
... PETITIONERS (BY SRI VIGHNESHWAR S. SHASTRI, ADVOCATE) AND:
1. SRI.R.KUMARAPPA, S/O RAMALINGAPPA, AGED ABOUT 59 YEARS, AGRICULTURIST & RETD. TEACHER, R/O BASAVESHWARA EXTENSION, AJJAMPURA VILLAGE, TARIKERE TALUK, CHIKMAGALUR DISTRICT-577001.
2. SRI NINGAPPA S/O LATE BASAPPA, AGED ABOUT 57 YEARS, R/O ATTIMOGGE VILLAGE, AJJAMPURA HOBLI, TARIKERE TALUK, CHIKMAGALUR DISTRICT-577001.
3. SRI C. M. DEVARAJ S/O MAHADEVAPPA, MAJOR, R/O ATTIMOGGE VILLAGE, AJJAMPURA HOBLI, TARIKERE TALUK, CHIKMAGALUR DISTRICT-577001.
(BY SRI LOKESH G., ADVOCATE FOR SRI RAVI H. K., ADVOCATE FOR R1 & R3) … ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT ATTACHMENT AND SALE OF PROPERTIES IN FAVOUR OF RESPONDENT 3 IN EXECUTION NO. 15 OF 2015 ON THE FILE OF CIVIL JUDGE AND JMFC AT TARIKERE, ORDER DATED 20.02.17 VIDE ANNEXURE-H ADVERSELY AFFECTING THE INTEREST OF PETTIIONERS IS ILLEGAL AND WITHOUT AUTHORITY OF LAW;
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri G. Lokesh, learned Counsel for respondent Nos.1 and 3 submits that the main Execution Petition No.15/2015 itself is closed on 17.12.2018 and hence, the present writ petition filed against I.As.9 and 10 does not survive for consideration.
2. Placing the said submission on record, writ petition is dismissed as having become infructuous.
3. However, all the contentions raised are left open to be urged in case the execution petition is restored.
Sd/- Judge Nsu/-