Sri R Ashwath vs Sri S Venkateshappa
2022 Latest Caselaw 3599 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 03RD DAY OF MARCH, 2022

                        BEFORE

       THE HON'BLE MR. JUSTICE E.S. INDIRESH

       WRIT PETITION NO.8466 OF 2019(GM-CPC)


BETWEEN:

SRI. R. ASHWATH
S/O LATE RAMAPPA
AGED ABOUT 51 YEARS,
R/AT SINGONDAHALLI VILLAGE,
KASABA HOBLI,
KOLAR TALUK AND DISTRICT-573 321.
                                             ...PETITIONER
(BY SRI. NARASIMHA MURTHY G.V., ADVOCATE)

AND:

SRI. S.VENKATESHAPPA
S/O LATE ERAPPA,
AGED ABOUT 60 YEARS,
R/AT SINGONDAHALLI VILLAGE,
KASABA HOBLI,
KOLAR TALUK AND DISTRICT-573 321.
                                            ....RESPONDENT
(BY SRI. RAJESH GOWDA, ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 18TH APRIL, 2017 THE ORDER OF ATTACHMENT
OF IMMOVABLE PROPERTY IN EX.NO.89/2014 PENDING BEFORE
THE COURT OF THE PRINCIPAL CIVIL JUDGE (JR. DN) AT KOLAR
AT ANNEXURE-E; AND ETC.
                                       2




    THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                               ORDER

This Writ petition is filed by the judgment debtor against

the order dated 18th April 2017 passed in Execution petition

No.89 of 2014 on the file of the Principal Civil Judge (Jr. Dn.)

and JMFC, Kolar.

2. Perusal of the writ petition would indicate that the

plaintiff has filed suit for specific performance and seeking relief

of directing the defendant to receive the balance Sale

consideration of Rs.1,21,000/- to execute the registered Sale

deed in terms of the registered Agreement of Sale dated

29th July, 2008.

3. During the pendency of the suit, the matter was settled

between the parties and accordingly, it was decreed as follows:

" It is ordered and decreed that, paid 3 installment dated 3-4-2014 Rs.1,00,000/- on 12/6/2014, Rs.50,000/- and 4/8/2014, Rs.30,000/- paid by the defendant, the agreed amount of Rs.5,30,000/- as per mediation report, the defendant paid only

Rs.1,80,000/- in 3 installment and not paid the entire amount as agreed by him.

The remaining amount of Rs.3,50,000/- (Three lakh fifty thousand only)"

4. Thereafter, the Judgment Debtor has not paid the

decreetal amount and pursuant to the same, the respondent

herein has filed Execution Petition No.89 of 2014 on the file of

the trial Court and the trial Court by order dated 18th April, 2017

allowed the IA.II and pursuant to the same, issued warrant of

attachment of immovable property. Feeling aggrieved by the

same, judgment debtor filed this writ petition.

5. After arguing for some time Sri. Narasimha Murthy

G.V., learned counsel appearing for petitioner seeks a weeks'

time to pay the entire amount with interest as per the decree

dated 15th October, 2014.

6. Looking into the averments made in the Writ petition

and considering the submission made by the learned counsel for

respondent, this Court of the opinion that a weeks' time from

today shall be given to the judgment debtor to comply with the

decree dated 15th October, 2014, failing which the Decree Holder

shall take necessary steps against the petitioner. Accordingly,

writ petition is disposed of.

Sd/-

JUDGE

ARK