Smt Umadevi S vs Manmal Lunia
2021 Latest Caselaw 5107 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 30TH DAY OF NOVEMBER 2021

                         BEFORE

        THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

        WRIT PETITION NO.15541/2021 (GM-CPC)

BETWEEN :

1.      SMT UMADEVI S
        W/O NARASIMHA MURTHY,
        D/O LATE R.SUDHAKAR,
        AGED ABOUT 38 YEARS,

2.      SRI MANJUNATH
        AGED ABOUT 36 YEARS,
        S/O LATE R SUDHAKAR,

        BOTH ARE R/AT DARGA
        JOGIHALLI, KASABA HOBLI,
        DODDABALLAPURA TALUK,
        PIN - 561 203.
                                         ... PETITIONERS

(BY SRI. CHOKKAREDDY, ADVOCATE)
AND :

1.      MANMAL LUNIA
        S/O LATE AGARCHAND,
        AGED ABOUT 74 YEARS,
        R/AT NO.59, LAKSHMAN RAO ROAD,
        B.V.K IYENGER ROAD,
        BENGALURU - 560 053.
                               2



2.   SMT JALAJA
     W/O LATE R.SUDHAKAR,
     AGED ABOUT 50 YEARS,

3.   SMT. ANJANA
     D/O LATE S. SUDHAKAR
     AGED ABOUT 30 YEARS,

     NOS. 2 AND 3 ARE RESIDING
     787/ 133/1 BEHIND
     MANGALA SCHOOL
     DARGA JOGIHALLI
     KASABA HOBLI
     DODDABALLAPURA TALUK - 561 203.
                                  ... RESPONDENTS

     THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-A EXECUTION NO.9/2020 PENDING ON THE
PRINCIPAL   SENIOR    CIVIL       JUDGE   DODDABALLAPURA
FILED UNDER THE FRAUDULENT AND IN COLLUSIVE
COMPROMISE DECREE DATED 10.11.2010 IN RESPECT
OF SY. NO.81/2 OLD NO.40 MEASURING 39 GUNTAS OF
VARADHANAHALLI         VILLAGE,           KASABA       HOBLI,
DODDABALLAPURA        TALUK        SAME    IS   MARKED    AS
ANNEXURE-J.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING,    THIS     DAY,     THE    COURT      MADE     THE
FOLLOWING:-
                                3



                            ORDER

The petitioners, who are the Judgment Debtors in

Ex. No.9/2020 on the file of the Senior Civil Judge,

Doddaballapura [for short, 'the civil Court'], have filed

this petition impugning the very initiation of such

execution proceedings. The petitioners' case is that the

suit commenced by the decree holder in O.S.

No.145/2005 on the file of the Civil Judge [Sr. Dn.,],

Doddaballapura, has culminated in a compromise

decree dated 10.11.2010 and this decree is fraudulently

obtained. One of their brothers has filed an application

under Order XXIII Rule 3A of the Code of Civil

Procedure, 1908 [for short 'CPC'] in the said original

proceedings impugning the compromise decree and the

civil Court has framed an Issue in the light of the

contentions urged in support of such application. In

the light of these circumstances, the execution

proceedings cannot be sustained.

The petitioners' challenge to the initiation of the

execution proceedings is premised on assertions that

will have to be examined by the civil Court in deciding

on the pending application under Order XXIII Rule 3A of

CPC and when such consideration is pending, this

Court is of the considered view that if the petitioners

have a case against the initiation of the execution

proceedings, they must seek necessary relief in the said

suit. Therefore, the petition stands disposed of with

liberty to the petitioners in this regard but subject to all

just exceptions in law.

I.A.No.1/2021 for dispensation does not survive

for consideration, and hence stands disposed of.

SD/-

JUDGE

AN/-