B C Shanthakumar vs H C Ravishankar
2021 Latest Caselaw 389 Kant

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  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 7TH DAY OF JANUARY, 2021

                        BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.25794 OF 2017(GM-CPC)
BETWEEN:

B C SHANTHAKUMAR,
S/O LATE CHANNAPPA,
AGED 62 YEARS,
PROPRIETOR
B C SHANTHAKUMAR AND BROTHERS,
1ST MAIN, NEW MANDIPET,
TUMUKURU 570100.
                                          ...PETITIONER
(BY SRI. S N BHAT, ADVOCATE)

AND:

H C RAVISHANKAR,
S/O LATE H M CHANDRASHEKARIAH,
AGED 47 YEARS,
RESIDENT OF GANAPATI NILAYA,
VINAYAKA NAGAR,
TUMUKURU 570101.
                                        ... RESPONDENT

(BY SRI.PUNITH CHANNAIAH, ADVOCATE FOR
    SRI. P M SIDDAMALLAPPA, ADVOCATE)

       THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDERS PASSED BY THE LEARNED PRL. CIVIL JUDGE,
TUMAKURU DATED 13.4.2017 IN EXECUTION NO.66/2015 ON
I.A. FILED UNDER ORDER 21 RULE 26 OF CPC AT ANNEX-E.

       THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH PHYSICAL HEARING, THE COURT MADE THE
FOLLOWING:-
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                           ORDER

Petitioner being the Judgment Debtor in

Ex.P.66/2015 is at the door steps of the writ Court for

assailing the order dated 13.04.2017 a copy whereof is at

Annexure-E whereby learned Principal Civil Judge,

Tumakuru has rejected his application filed under Order

XXI Rule 26 of CPC, 1908 for halting the execution

proceedings, on some arguable grounds.

2. After service of notice, respondent - Decree

Holder having entered appearance through his counsel,

resists the writ petition making submission in justification

of the impugned order and the reasons on which it has

been structured.

3. Having heard the learned counsel for the

parties and having perused the petition papers, this Court

is inclined to grant a limited reprieve in the matter in the

sense that the learned judge of the of the executing Court

is requested to defer of the execution proceedings for a

period of four weeks and the petitioner would in the

meanwhile seek appropriate relief at the hands of the Co-

ordinate Judge of this Court in his MFA No.6712/2017.

The amount deposited by the petitioner by way of

rent in the Court below shall be released forthwith to the

respondent-Decree Holder and compliance shall be filed by

the Judge before the Registrar General of this Court.

Accordingly, petition stands disposed off keeping

open all contentions available to the parties in law.

In view of the disposal of the main matter,

consideration of IA No.1/2019 seeking permission

withdraw the rent amount in deposit pales into

insignificance.

No costs.

Sd/-

JUDGE

Bsv