WP N065124 of 2009
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 10TH DAY OF SEPTEMBERvx2'{§:O»9.
BEFORE i'it
THE HON'BLE MR.JUSTICE AJIT i T' 1
WRIT PETITION No.65 1 24%'./2d0'9j'.{":'I1>\/ii 4-CVPKQI. 'V
BETWEEN: i i i .
Rajaram, _
S/o Jivaji Betsur, Age-':..MajQ.:3"" » V _
Occ: Pvt. Service 82; bI.Is_i:nes;S, V.
R/0 C/O B.B.Chemica1s it
Factory by the side of MaytIr' --. A I '-- "
Resort. P.B.N.aIiipr_1al £iighWay-«.Nc§.4.,VV '
At/Post: . i'
Talz DharwadfvV';""'?._ I ...PETITIONER
(By Sri}.Kuberago.Iid._éi;'S$KDradur, Advocate)
A NI-1;
V. . Abi§:fi1 sgareiirn, H """ " it
2 » S'/-»QVNa_r1r1e$ab__ Dhawad,
' Age: '§,{e':a.rS.,VV.Occ: Driver,
/ o.Pat}I-étn galli, Navalur,
'Ta1:__ Dlriarwiad. .. RESPONDENT
..T:his petition is filed under Articles 226 and 227 of
= the Constitution of India praying to consider the Misc.
application No.51/08 on the file of the Principal Civii
%_J1′:Idge (Sr.Dn.) and CJM, Dharwad As per Annexure-B;
WP No.65 124 of 2009
and direction not to proceed the execution petition
No.271/2008, to Principal Civil Judge (Sr.Dn.) and
CJM, Dharwad, until the disposal of the
Misc.App1ication No.51 /O8
This petition coming on for preliminary.fh.e_aring._
this day, the Court made the following:
0 R D E R
A suit is filed by the
money. It has been decreed.<_exparte."'
come to know has moved a mii's.c_e1l.aneous_iiiapplioation in
Misc.No.S1/2008. the petitioner
submi'tisilth'at3a_n aipplic'a.tion iorilstay is also maintained.
The learned notice to the respondent.
In the_Vmeanti_meV, fexecuition proceedings are initiated in
'ii"=..}3x;iNo.i3"7l]'2008.ii""Notice has been ordered in the
I-..eiX.fec"L1"tio12._"proceedings. The petitioner has entered
appearance} But, however, it is noticed from the order
i'""'..iVi"'3heeti "that nothing has happened either in the
'W. lmii'scel1aneous application or in the execution
proceedings. To my mind, this petition is premature.
fl}
/ .
J
WP No.65124 of 2009
2. Indeed, it is open for the petitioner to press for
an interim order before the iearned Judge before whom
the miscellaneous proceedings are pending. The
v._.(‘ i.
Judge shall consider the appiicationj’ iiriR’:.s:if£ghjt I
perspective.
Petition stands disposed is
invader