Karnataka High Court
The Church Of South India Trust ... vs Sri. G. M. Siddaramanna ... on 2 June, 2022
Bench: Sachin Shankar Magadum
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.47336 OF 2017(GM-CPC)
BETWEEN:
THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION
INCORPORATED UNDER THE COMPANIES ACT 1913
CHURCH OF SOUTH INDIA
KARNATAKA CENTRAL DIOCESE
DIOCESAN OFFICE NO.20
3RD CROSS, CSI COMPOUND
BENGALURU-560027
REP BY ITS SECRETARY
REV D JOHN MILTON
S/O LATE MR. DEVADAS
...PETITIONER
(BY MS.VIDYA.H, ADVOCATE FOR
SRI.K.M.SOMASHEKARA, ADVOCATE)
AND:
1. SRI. G. M. SIDDARAMANNA CHARITABLE TRUST (REG)
ASHOKA ROAD, TUMAKURU
REP BY ITS SECRETARY
SHRI N R JAGADEESH
S/O LATE SRI N RUDRAIAH
AGED ABOUT 80 YEARS,
INDUSTRIALIST, TUMAKURU-572101
2. SRI K G SEETHARAM
S/O SRI K GOPALAKRISHNA
AGED ABOUT 50 YEARS,
2
SWEET STALL
OPP KSRTC BUS STAND
OLD GMSCT COMPLEX
TUMAKURU-572101
...RESPONDENTS
(BY SRI.M V REVANASIDDAIAH, ADVOCATE FOR R1;
SRI.K.L.PRABHAKAR, ADVOCATE FOR R2)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DTD.7.10.2017 PASSED BY THE I ADDL. SENIOR CIVIL
JUDGE AND CJM, TUMKAURU, IN EXECUTION NO.5/2015 VIDE
ANNEX-H AND DIRECTING THE COURT BELOW TO DISPOSE OF THE
APPLICATION FILED BY THE PETITIONER UNDER ORDER 21 RULE
97 READ WITH SECTION 151 CPC BY HOLDING AN ENQUIRY AS
PROVIDED UNDER LAW BEFORE EXECUTING JUDGMENT AND
DECREE VIDE ANNEX-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed questioning the order
dated 07.10.2017 passed by the I Additional Senior Civil Judge
and CJM, Tumakuru in Execution Petition No.5/2015.
2. The respondent No.1 based on a decree passed by
the Small Causes Court filed execution petition in
Ex.P.No.5/2015. The present petition is filed on an
obstruction application under Order 21 Rule 97 of CPC. The
Executing Court without deciding the claim of the petitioner
has proceeded to issue delivery warrant. The said order is
under challenge.
3. Learned counsel appearing for the respondent
No.1/decree holder has filed a memo on 11.12.2017. In the
said memo, respondent No.1 has submitted no objection to
allow the writ petition with a direction to the Executing Court
to consider the application filed under Order 21 Rule 97 of CPC
within a period of three months. If the obstruction application
is not considered by the Executing Court and in the light of the
memo dated 11.12.2017 filed by the respondent No.1/decree
holder, the order under challenge is liable to be set aside.
4. Accordingly, I pass the following:
ORDER
The writ petition is allowed. The Executing Court is
directed to consider the application filed by the present
petitioner herein under the provisions of Order 21 Rule 97
read with Section 151 of CPC. While deciding the obstruction
application, the Executing Court shall examine the principles
laid down by this Court in CRP.No.100070/2020. The said
enquiry shall be commenced and concluded within a period of
three months from the date of receipt of a copy of this order.
Sd/-
JUDGE
CA
