IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA "
DATED THIS THE 06TH DAY OF .
BEFORE
THE HONBLE MR.JUS'1'ICIi3 MOE§AN:_-SEIANTANAC}'C?'LEDAE{
WRIT PETITION NO. .so4_36 ore. ':}3o1orvtg;c3iStaiec.1§c_;%¥
BETWEEN: A A ' V
Sadashiv Ganapat1A'Kka]kot vPat:1':}::r"i
Aged about 39 years, Oct; Bvusine-s_s';v.'.:'V~.
R/o Aime}, Tq:.Sindagi','"Dist: 'B_ij,ap11;r.iV "
I Petitioner
AND;
Govindbiiat VJ
Aged about y'e_ai=s,*QC;e: Pensioner
R/oVA_1mel.'Tg: S.i1*1dagi,"Di_st: Bijapur.
Respondent
This" Petition is filed under Articles 226 and
2.2'7.7of Constitution of India praying to quash the
order dated' 8.1.10 at Anr1eX"L1re--E on I.A. filed u/0 26
I'/W 18,[A} of CPC of consequently also set aside the
order 28.1.10 issuing commission Warrant: at
A A1'1I'1exure~E passed by the Pr}. Civii Judge [Jr.Dr1.]
2
Sindagi in Ex. Petition 11/2005, in the interest of
justice and equity and etc.
This Writ Petition coming on for preliminary
hearing this day, the Court made the following:
ORDER
The records reveai that the decreef”i~s..’Vgnassved
against the petitioner in O.S.No.58/ as3o”1i.,
24.03.2001 directing the petitior_1er:.hrere’i’ri
staircase constructed”ii1~’f’fié–»j%eiit within the
period of three: the said decree.
Inspite till this day the
staircase ground that the appeal
and fur ther appeal v\.?if'”‘$:ip€iidiI1g.
Sri. V.»A’ShQ_]_c§_»R. Kalyanshetty, learned Advocate
‘ for.. Vt’I1’fi’vV1;)€:ti’fiO.1f1f31′ submits that the pet1’tio_r1er has filed
for setting aside the decree passed in
O.Su.No.r:’;58/2000 and for other consequentiai benefits.
Indiihe said suit no interim order is granted. Moreover,
5′ X/2′
iv
the said suit is tiled by the petitioiler after exhausting
all his remedies of appeal, second appeal filed elgeiinst
decree in O.S.No.58/2000.
Be that as it may, since the decree
O.S.N0.58/2000 has attaiiled finality and
be executed in accordance VViT:.}i1″”‘lE’.’W,’ .i;§ie1d=.vlAVV
has rightly issued cc)mmissi0nA:’wa1fré1nt for ‘re1nc5’q’al.VV’of_
the staircase. N0 the impugned
order inasraf1ueh:_’~as::__th§e.:..~sa’ncie:i_’isv_.__;lferfectly legal and
justified. iln interference is called
for.
Petitiéorrvfails same is dismissed.
sex;
JUDGE