IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos. 46927–46928 OF 2019 (GM-CPC) BETWEEN:
SRI. R HANUMANTHARAYAPPA, S/O RANGAHANUMAIAH, AGED ABOUT 39 YEARS, R/A NO.5, 13TH CROSS HEGGANAHALLI MAIN ROAD, NEAR SUSHRUTHI CO OPERATIVE BANK, VISHWANEEDAM POST, BANGALORE-560091.
(BY SRI. KODANDARAMA T, ADVOCATE) AND:
1. SMT. MANJULA, D/O LATE SUBRAMANI @ KRISHNA, AGED ABOUT 42 YEARS, R/A NO.1326, 7TH CROSS, SRIRAMPURAM, BENGALURU-560021.
2. SMT SHANTHAMMA, D/O JAYAMMA, W/O MALLESH, AGED ABOUT 45 YEARS, R/A NO.79/5, HEGGANAHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560091.
… PETITIONER … RESPONDENTS (BY SRI. B S GURUDATH, ADVOCATE FOR R1) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.07.2019 AND ORDER DATED 13.09.2019 PASSED ON I.A. U/S 151 OF CPC FILED BY THE R-1 IN EXECUTION PETITION NO.811/2014 ON THE FILE OF THE XIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCN-28) BENGALURU, PRODUCED AT ANNX-G AND ETC., THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the Objector opposing the Execution Case No.811/2014 is knocking at the doors of writ court for assailing the orders dated 12.07.2019 and 13.09.2019 respectively at Annexure-G whereby delivery warrant has been issued.
2. After service of notice, the respondent-decree holder having entered appearance through his counsel, opposes the writ petition, notice to 2nd respondent- judgment debtor having been dispensed with.
3. Having heard the learned counsel for the parties and having perused the Petition Papers, this court declines to grant indulgence in the matter because petitioner-obstructor’s application filed under Order XXI Rule 97 of CPC having been rejected by the Executing Court, his challenge thereto in R.F.A.No.1576/2016 has also been negatived by a Co-ordinate Bench of this Court vide judgment dated 11.03.2019; thus, the petitioner does not have any manner of right to resist the execution or stall the execution process by invoking Order XXI Rule 26 of CPC, 1908.
In the above circumstances, these writ petitions are dismissed with a cost of Rs.25,000/-.
The Executing Court is directed to accomplish the execution of the decree in question, forthwith, if necessary with the assistance of State Machinery since suit is of the year 2008 and more than a decade has lapsed since then.
Sd/- JUDGE Bsv