Karnataka High Court
Smt S K Shanthamma vs Sri U M Rajashekhar on 28 March, 2022
Bench: E.S.Indiresh
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.6678 OF 2022 (GM-CPC)
BETWEEN
SMT. S K SHANTHAMMA
W/O D R NAGARAJ
AGED ABOUT 68 YEARS
PROPRIETOR OF "PREETHI BAR AND
RESTAURANT" NEAR BUS STAND
CHANNAGIRI TOWN
SHIVAMOGGA DISTRICT-577 213.
...PETITIONER
(BY SRI SIDDAMALLAPPA P M, ADVOCATE)
AND
SRI U M RAJASHEKHAR
S/O LATE U K MANJUNATHA RAO
AGED ABOUT 40 YEARS
PROPRIETOR OF "ANNAPURNESHWARI HOTEL"
NEAR BUS STAND
CHANNAGIRI TOWN
SHIVAMOGGA DISTRICT-577 213.
....RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 16TH MARCH, 2022 PASSED IN EXECUTION
PETITION NO.13 OF 2021 PENDING ON THE FILE OF THE
LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, CHANNAGIRI,
PASSED ON APPLICATION'S UNDER SECTION 151 OF CODE OF
2
CIVIL PROCEDURE FILED BY THE RESPONDENT, AS PER
ANNEXURE -E AND BY ALLOWING THE WRIT PETITION STAY
THE FURTHER PROCEEDINGS OF THE EXECUTION PETITION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Writ Petition is filed by the JDR in Execution No.13 of
2021, challenging the order dated 16th March, 2022 on the file of
the Principal Civil Judge at Channagiri, allowing the application
filed by the Decree holder under Section 151 of Code of Civil
Procedure.
2. The relevant facts for adjudication of this Writ Petition
are that, the respondent has filed OS No.112 of 2020 on the file
of the Principal Civil Judge and JMFC, Channagiri, seeking relief
of permanent injunction in respect of suit schedule property and
in the said suit, parties to the suit have filed compromise petition
on 02nd November, 2020. In terms of the compromise petition,
judgment debtor/petitioner herein agreed to deliver the suit
schedule property on 30th September, 2021, however, failed to
deliver the possession in terms of the compromise decree and as
such, the Decree holder has filed Execution No.13 of 2021 on the
file of the trial Court, and sought to execute the decree passed in
OS No.112 of 2020. In the said Execution Petition, Decree
holder has filed application under Section 151 of Code of Civil
Procedure seeking necessary order by the trial Court authorising
the Court Ameen to break open the lock and to execute the
delivery warrant. The said application was resisted by the
judgment debtor/petitioner herein. The trial Court, after
considering the material on record, by order dated 16th March,
2022 allowed the said application and being aggrieved by the
same, judgment debtor has presented this Writ Petition.
3. I heard Sri P.M. Siddamallappa, learned counsel
appearing for the petitioner who contended that in view of the
COVID 19 pandemic, the judgment debtor suffered a loss and as
such, he was not able to vacate the premises in time and
accordingly, he submitted that the trial Court ought to have
considered the hardship caused to the judgment debtor.
4. Heard the learned Counsel for the petitioner. It is not
in dispute that suit in OS No.112 of 2020 came to be disposed of
on 02nd November, 2020 in terms of the compromise petition
and in terms of the compromise petition, judgment debtor has
agreed to deliver the vacant possession of suit schedule property
by 30th September, 2021. I have carefully examined the reasons
assigned by the trial Court and I am of the opinion that there is
no perversity in the order passed by the trial Court and
accordingly, the Writ Petition is dismissed as devoid of merits.
However, the learned counsel appearing for the petitioner has
submitted that judgment debtor be granted three months' time
to vacate the promises and judgment debtor is conducting
business in the schedule premises and in the event if judgment
debtor is evicted from the suit schedule property, hardship would
be caused to judgment debtor/plaintiff. Considering the
submission made by the learned counsel appearing for the
petitioner and taking into account the statement of objection
filed before the trial Court, I am of the view that the judgment
debtor/petitioner is directed to vacate the promises on or before
30th June, 2022 and handover the vacant possession of the suit
schedule property to the Decree holder/respondent herein. It is
also made clear that the petitioner/judgment debtor shall file
affidavit coupled with an undertaking before the court,
evidencing to vacate the promises on or before the 30th June,
2022 within fifteen days from the date of receipt of this order.
In terms of the above, Writ Petition stands disposed of.
Sd/-
JUDGE
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