IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.21194 OF 2019 (GM-CPC) BETWEEN SMT. VIJAY LAKSHMI, W/O N.K PEMMAIAH, AGED ABOUT 71 YEARS, R/AT VALNOOR THYAGATHUR VILLAGE, KUSHALNAGAR HOBLI, SOWMARPET TALUK, KODAGU DISTRICT – 570201. …PETITIONER (BY SRI. SRINIVAS V, ADVOCATE) AND 1. SRI. S. J. PAVAN KUMAR, S/O S M JAYSHANKAR, AGED ABOUT 35 YEARS, R/O ROSLAND ESTATE, VALNOOR THYAGATHUR VILLAGE, KUSHALNAGAR HOBLI, SOWMARPET TALUK, KODAGU DISTRICT – 570201.
2. SRI GEORGE JULIAR RAESH, S/O JULIER JAYKAR, AGED ABOUT 45 YEARS, SRI RAMA ESTATE, VALNOOR THYAGATHUR VILLAGE, KUSHALNAGAR HOBLI, SOWMARPET TALUK, KODAGU DISTRICT – 570201. …RESPONDENTS (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE FOR R1; R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN E.P. NO.52/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AT MADIKERI AT ANNX-B AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both the sides having argued the matter for some time, are agreeable with the suggestion of this court that the impugned order being a deemed decree under Order XXI Rule 103 of CPC, 1908, the challenge can be laid thereto in an appropriate appeal and therefore, to enable filing of the appeal, the execution proceedings in question shall not be precipitated for a period of three weeks.
Ordered accordingly.
This reprieve is granted subject to the condition that the trees allegedly existing in the property in question shall not be felled by any of the parties.
It is needless to mention that the period spent in prosecuting this writ petition shall be discounted while computing the period of limitation for preferring the appeal.
All contentions of the parties are kept open.
Sd/- JUDGE cbc