IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.31357 OF 2019 (GM-CPC) BETWEEN:
SMT. VINAYA V. KAMATH W/O. SRI. D. VENKATESH KAMATH AGED ABOUT 50 YEARS R/AT NO.11/12, MAHAMAYA 1ST ‘J’ MAIN ROAD, SAJJEPALYA, NEAR BDA COMPLEX, NAGARABHAVI 2ND STAGE, BENGALURU – 560 072. … PETITIONER (BY SRI M. SUDHAKAR PAI, ADVOCATE) AND:
SRI. K. SUBRAMANI, S/O. SRI. KRISHNAPPA, AGED ABOUT 52 YEARS M/S. BHAGYALAKSHMI TRADERS GROUND FLOOR, NO.9 JNANABHARATHI MAIN ROAD, NAGARBHAVI CIRCLE, BENGALURU – 5460 072. … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 16.07.2019 ON EX.CASE.NO.2553/2019 ON THE FILE OF XXV ACC AND S.J. BENGALURU VIDE ANNEXURE – F TO THE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The matter has been argued for sometime. Learned counsel for the petitioner submits that he would be satisfied, if liberty is reserved to seek advancement of the Execution Case. The submission is fair & innocuous.
In the above circumstances, the writ petition is disposed off permitting the petitioner to make an application seeking advancement of the subject Execution Case.
If such an application is made, the Executing Court shall favourably consider the same keeping in view of the provision of the Order XXI Rule 22 of CPC, 1908.
All contentions of parties are kept open.
Sd/- JUDGE KTY