M/S R.K. Builders vs M/S Rini Agencies
2022 Latest Caselaw 10497 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 7TH DAY OF JULY, 2022

                        BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

        WRIT PETITION NO.12813 OF 2022 (GM-CPC)

BETWEEN:

1.     M/S R.K. BUILDERS
       DOOR NO.4-6-577/31
       MAHENDRA ARCADE
       1ST FLOOR, KARANGALPADI
       MANGALURU-575002
       A PARTNERSHIP FIRM
       REPRESENTED BY ITS MANAGING
       PARTNER/PARTNER
       SRI RAMESH KUMAR
       S/O CHOODAPPA SALIAN
       AGED ABOUT 72 YEARS
       R/AT SARASWATHI
       OPP MANGALA STADIUM
       GANDHI NAGAR
       MANGALURU
       D K DISTRICT-575003

2.     SMT URMILA RAMESH
       W/O RAMESH KUMAR
       AGED ABOUT 69 YEARS
       PARTNER M/S R K BUILDERS
       R/AT SARASWATHI
       OPP MANGALA STADIUM
       GANDHI NAGAR
       MANGALURU
       D K DISTRICT-575003
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3.    DIVYA RAMESH
      D/O RAMESH KUMAR
      AGED ABOUT 36 YEARS
      PARTNER M/S R K BUILDERS
      R/AT SARASWATHI
      OPP MANGALA STADIUM
      GANDHI NAGAR
      MANGALURU
      D K DISTRICT-575003

                                     ...PETITIONERS

(BY SRI.K.RAVISHANKAR, ADVOCATE)

AND

M/S RINI AGENCIES
NO.5-38, LUDRIC COMPOUND,
GUDDETHOTA, KANKANADY POST
MANGALURU-575002
A REGISTERED PARTNERSHIP FIRM
REGISTERED UNDER THE PROVISIONS
OF PARTNERSHIP ACT, REP. BY ITS PARTNER
RONALD BENJAMIN RODRIGUES
S/O LATE R.F.RODRIGUES
AGED ABOUT 62 YEARS
R/AT NO.18-2-20(2)
G-1, ROSHNY, STURROCK ROAD
FALNIR, MANGALURU-575001

                                    .....RESPONDENT

     THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
THE TRAIL COURT TO PASS SUITABLE ORDERS AND
CONCLUDE   THE    COM.EXECUTION    CASE   605/2020
PENDING ON THE FILE OF IV ADDL. DISTRICT JUDGE,
MANGALURU IN A TIME FRAMED LIMIT.
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     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:


                       ORDER

The captioned writ petition is filed by the

judgment debtors seeking a mandamus to issue

direction to the Executing Court to look into the

respective memo of calculations and thereafter pass

appropriate orders in terms of the joint memo filed by

the decree holder and the judgment debtor.

2. The grievance of the petitioner is that though

the calculations are submitted by respective parties,

the Executing Court is postponing the determination of

the claims in terms of the respective memo of

calculations submitted by the decree holder as well as

judgment debtors.

3. Perused the material on record. The Decree

holder has submitted a memo of calculation on

27.11.2020 whereas, the present petitioners/

judgment debtors submitted their memo of calculation

on 16.04.2022. This is a peculiar case where the

present petitioners/judgment debtors, who are before

this court, have stated that they are willing to pay the

amount, which is legally due to the decree holder.

Their only grievance is that the Executing Court is

either bound to accept the memo of calculation

submitted by the decree holder or the memo of

calculation submitted by the judgment debtors.

4. I find some force in the submission made by

the learned counsel appearing for the petitioners. If

the judgment debtors are willing to pay what is legally

due, then the Executing Court is bound to properly

examine the memo of calculations to arrive at a

conclusion. Such exercise is not done in this case.

Therefore, the mandamus issues. Accordingly, I pass

the following;

ORDER

The writ petition is allowed.

The Executing Court is directed to examine the memo of calculations, which are placed before it and thereafter proceed to determine the claim of decree holder as well as the judgment debtor. This exercise shall be completed within a period of six weeks from the date of receipt of certified copy of this order.

Sd/-

JUDGE

NBM