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SRI PATTADA SRI PARVATHARAJA SHIVACHARYA SWAMIGALU v. S A VERABADRAIAH

Court: High Court of Karnataka

Bench: H.T. NARENDRA PRASAD

Judgment date:

Case summary

High Court of Karnataka judgment dated 2026-04-21. SRI PATTADA SRI PARVATHARAJA SHIVACHARYA SWAMIGALU v. S A VERABADRAIAH. Read the judgment and case...

Judgment text

- 1 - WP No. 12494 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU ST DATED THIS THE 21 DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO. 12494 OF 2026 (GM-CPC) BETWEEN: SRI PATTADA SRI PARVATHARAJA SHIVACHARYA SWAMIGALU SINCE DECEASED REP. BY HIS LEGAL HEIR. PATTADA SRI GURUNANJESHWARA SHIVACHARYA SWAMIGALU AGED ABOUT 41 YEARS PEETADIPATHI, HUNASAMARANAHALLI SAMASTHAN MUTT, JALAHOBLI HUNASAMARANAHALLI VILLAGE (PRESENTLY YELAHANKA TALUK) BENGALURU-562157 BENGALURU NORTH TALUK …PETITIONER (BY SRI. VENUGOPALA M S. , ADVOCATE) AND: 1. S A VEERABADRAIAH Digitally signed by S/O AIYYANNAPPA DHANALAKSHMI SINCE DECEASED REP. BY MURTHY HIS LEGAL HEIRS Location: HIGH COURTOF KARNATAKA 1. A S. V. ARUN KUMAR S/O S. A. VEERABHADRAIAH AGED ABOUT 40 YEARS 1. B. S. V. NAVEEN KUMAR S/O S. A. VEERABHADRAIAH AGED ABOUT 33 YEARS ALL ARE R/AT HUNSAMARANAHALLI VILLAGE AND POST, JALAHOBLI, SYELAHANKA TALUK BENGALORE NORTH-562127. …RESPONDENTS - 2 - WP No.

12494 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION, DIRECTING THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI TO DISPOSE THE EXECUTION PETITION 18/2024 AS EXPEDITIOUSLY AS POSSIBLE WITHIN OUTER LIMIT OF 2 MONTHS COPY WHICH IS PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-Decree Holder has sought the following reliefs: “i. Issue a direction, directing the Senior Civil Judge & JMFC, Devanahalli to dispose the Execution Petition 18/2024 as expeditiously as possible within outer limit of 2 months. Copy which is produced at Annexure A. ii. Pass any such orders or directions which this Hon’ble court deems fit in the facts and circumstances of this case, in the interest of justice. ” 2.

For the sake of convenience, the parties are referred to as per their ranking before the Senior Civil Judge and JMFC, Devanahalli (hereinafter referred to as ‘Executing Court’ for short). - 3 - WP No. 12494 of 2026 3. The plaintiff (petitioner herein) filed a suit in O. S. No. 51/2007 before the Trial Court seeking reliefs of declaration, possession and damages. The suit came to be decreed by judgment and decree dated 17. 01. 2015. The same has been confirmed by this Court in RSA Nos. 1000/2016 c/w 1001/2016 on 27. 11. 2023. The SLP filed by the defendants has also been dismissed by order dated 12. 07. 2024. Thereafter, the petitioner filed an execution petition in Ex. No. 18/2024. The Executing Court by order dated 21. 10. 2024 issued a warrant for delivery of possession of the property to the Decree Holder. Thereafter, for one reason or another, the matter has been adjourned, and no order has been passed in the execution petition.

Therefore, the petitioner has sought early disposal of the said execution petition. 4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of - 4 - WP No. 12494 of 2026 the writ petition with a direction to the Trial Court to dispose of the execution petition as expeditiously as possible. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the execution petition in Ex. No. 18/2024 in accordance with law and as expeditiously as possible, on or before 31. 07. 2026. c) Parties are directed to co-operate for early disposal of the execution petition. Sd/- (H. T. NARENDRA PRASAD) JUDGE HA LIST NO. : 1 SL NO. : 66

Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.