IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITON No.15888 OF 2019 (GM-CPC) BETWEEN:
SRI. KAVIRAJ NARASIMHA CHARYA. N S/O. LATE D. N. NARAYANA PANDIT, AGED ABOUT 86 YEARS, R/AT "SREERAM VAIDYASHAL", NO.159, 5TH CROSS, GANDHINAGAR, BANGALORE-560 009. …PETITIONER (BY SRI M.M. ASHOKA, ADVOCATE) AND 1. SMT. PUSHPA RAO W/O. T. L. S. RAO, MAJOR, PROP: M/S. ADVANCE SALES CORPORATION 2. SRI. ANIL KUMAR SREEDHAR MAJOR, PROP: M/S. ADVANCE SALES CORPORATION, MAJOR BOTH R1 & R2 ARE RESIDING AT NO.443, A.M.S. BADAVANE, 4TH CROSS, VIDYARANYAPURA, BANGALORE-560 097.
3. SRI. P. GYARAPPA S/O. LATE P. MARAPPA, AGED ABOUT 55 YEARS, OCCUPATION ADVOCATE R/O. AND ALSO OFFICE AT NO.34/1, III FLOOR, GANJAM BUILDING, KALIDASA MARG, GANDHINAGAR, BANGALORE-560 009.
4. SRI. DAYANAND S/O. H. SRINIVAS, AGED ABOUT 45 YEARS, R/AT NO.34/1, III FLOOR, KALIDASA MARG, GANJAM BUILDING, GANDHINAGAR, BANGALORE-560 009. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF THE ADDITIONAL CITY CIVIL JUDGE, BANGALORE (CCH-31) IN EX.CASE NO.1175/2015 AND ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO THE TRIAL COURT TO DISPOSE OF THE PROCEEDING WITHIN TIME BOUND AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the decree holder in Execution Case No.1175/2015 is invoking the writ of jurisdiction of this Court seeking a direction to the Execution Court to try and dispose off the said Execution Case in a time bound manner.
2. The petitioner’s civil suit in O.S.No.1329/2013 having been decreed against the respondent - judgment debtors on 13.03.2015, the said decree is sought to be enforced, by putting the same in Execution Case No.1175/2015 which is allegedly being dragged on, one or the other pretext. Therefore, the petitioner has sought for this innocuous relief. There is no impediment for granting the said relief, since no prejudice would be caused to the other side at all.
In the above circumstances, this writ petition is allowed; the learned Additional City Civil Judge, Bengaluru (CCH-31), is directed to accomplish the execution process in petitioner’s Execution Case No.1175/2015 within an outer limit of one year and report compliance to the Registrar General of this Court.
Sd/- JUDGE KTY/Bsv