Karnataka High Court
N Suresha vs Yogesh on 30 July, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:29947
WP No. 20075 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 20075 OF 2024 (GM-CPC)
BETWEEN:
1. N. SURESHA,
S/O LATE C. NANJUNDAIAH,
AGED ABOUT 54 YEARS,
2. SRIKANTAIAH,
S/O LATE C. NANJUNDAIAH,
AGED ABOUT 50 YEARS
BOTH ARE R/O ABALAVADI VILLAGE,
KOPPA HOBLI, MADDUR TALUK,
MANDYA DISTRICT - 571 425.
...PETITIONERS
(BY SRI. RAGHAVENDRA GOWDA K, ADVOCATE)
Digitally signed
by JUANITA AND:
THEJESWINI
Location: HIGH YOGESH,
COURT OF
KARNATAKA S/O ERAPNA THIMMEGOWDA,
AGED ABOUT 44 YEARS,
R/O ABALAVADI VILLAGE,
KOPPA HOBLI, MADDUR TALUK,
MANDYA DISTRICT - 571 425.
...RESPONDENT
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA R/W SECTION 151 OF CPC PRAYING
TO SET ASIDE THE ORDER PASSED ON I.A. UNDER ORDER 26
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NC: 2024:KHC:29947
WP No. 20075 of 2024
RULE 10(B) R/W SEC 151 OF CPC IN E.X.NO. 162/2019 DATED
30.07.2022 PASSED BY THE PRL. CIVIL JUDGE AND JMFC,
MADDUR VIDE ANNX-F AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The petitioners are judgment debtors in terms of the compromise decree filed before the trial Court in O.S.No.476/2017. The judgment and decree were passed on 22.03.2019. In terms of the compromise decree, the petitioners herein undertook to pay a sum of Rs.2,30,000/- to the respondents herein on or before 09.06.2019. When the petitioners failed to pay the said amount, the decree holder filed an execution case in No.162/2019.
2. Learned counsel for the petitioners submits that the petitioners is ready with a bankers cheque of Rs.2 Lakhs drawn on HDFC Bank dated 23.07.2024. Learned counsel would therefore submit that necessary directions may be issued to the Executing Court to collect the said demand draft and tender it -3- NC: 2024:KHC:29947 WP No. 20075 of 2024 to the decree holder. The petitioners are also prepared to pay the balance amount of Rs.30,000/- within a period of one week from today.
3. Consequently, the Executing Court, namely, the Prl. Civil Judge and JMFC, Maddur, is directed to receive the bankers cheque at the hands of the judgment debtor and tender it to the decree holder and permit the judgment debtor to pay the balance amount of Rs.30,000/- within a period of one week from today.
4. Needless to observe that the Executing Court shall not take any coercive measures against the judgment debtor having regard to the facts narrated hereinabove.
Accordingly, the writ petition stands disposed of.
Sd/-
(R DEVDAS) JUDGE rv List No.: 1 Sl No.: 12 CT: BHK