High CourtsSingle Bench(2022) 03 KAR CK 0021

T. Pampareddy vs K. Srinivasu S/O. Kosoori Venkataramaraju

Karnataka High Court · Decided on 11 March 2022

HON’BLE JUDGES
Suraj Govindaraj, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 100992 Of 2022 (GM-CPC)

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Judgment

9 paragraphs · 216 words

Suraj Govindaraj, J

1.

The petitioner is before this Court seeking for the following reliefs:

(i) Issue a writ of certiorari against the order passed by Civil Judge And JMFC Court, Siruguppa dated 15.02.2022 Ex.P.No.13/2020 and same is produced at Annexure-‘D’ and ‘D1’.

(ii) Any other relief/s as deemed fit by this Hon’ble Court as per facts and circumstances of the case.

2.

Learned counsel for the petitioner submits the petitioner has challenged the order of sale of property under Order 21 Rule 64 of the CPC in Execution Petition No.13/2020, in pursuance of the judgment in R.A.No.87/2015.

3.

On enquiry, Smt. Sunitha P. Kalasur, learned counsel for the petitioner submits that the petitioner has challenged the judgment in RA No.87/2015 by filing RSA No.100080/2021.

4.

If that be so, a separate writ petition cannot be maintained. Any relief relating to the execution of a judgment in Regular Appeal, which is the subject matter of the Regular Second Appeal, would have to be sought for in the Regular Second Appeal.

5.

Learned counsel for the petitioner submits that the auction sale is scheduled to be held on 14.03.2022. In view thereof, the Registrar (Judicial) is directed to place the said file in RSA No.100080/2021 before the roster Bench on 14.03.2022.

6.

Writ petition is disposed of.