Rajegowda vs Shiva
2023 Latest Caselaw 5768 Kant

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                                                            NC: 2023:KHC:29334
                                                         WP NO.18085 OF 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 18TH DAY OF AUGUST, 2023

                                             BEFORE
                             THE HON'BLE MR. JUSTICE S.G. PANDIT
                          WRIT PETITION NO.18085 OF 2023 (GM-CPC)
                   BETWEEN:

                   1.    RAJEGOWDA
                         S/O LATE NINGEGOWDA
                         AGED ABOUT 69 YEARS.

                   2.    B.R. HARISHA
                         S/O. RAJEGOWDA
                         AGED ABOUT 40 YEARS.

                   3.    B.R. GIRISHA
                         S/O. RAJEGOWDA
                         AGED ABOUT 36 YEARS.
                         ALL ARE RESIDENTS OF
                         BELAVADI VILLAGE,
                         DODDAMAGGE HOBLI,
                         ARAKALAGUD TALUK,
                         HASSAN DISTRICT - 573 113.
Digitally signed
by NANDINI B
G                                                               ...PETITIONERS
Location: HIGH
COURT OF           (BY SRI. NAGARAJ S. JAIN, ADVOCATE)
KARNATAKA

                   AND:

                   SHIVA
                   S/O LATE JAVAREGOWDA
                   R/AT BELAVADI VILLAGE,
                   DODDAMAGGE HOBLI,
                   ARAKALAGUD TALUK,
                   HASSAN DISTRICT - 573 113.

                                                                ...RESPONDENT
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                                                  NC: 2023:KHC:29334
                                             WP NO.18085 OF 2023




        THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE THE
IMPUGNED ORDER DATED 10TH JANUARY, 2023 PASSED BY
THE     LEARNED    ADDITIONAL        CIVIL     JUDGE    AND       JMFC,
ARAKALAGUD, HASSAN IN EXECUTION CASE NO.2 OF 2023 ON
I.A. NO.1 VIDE ANNEXURE-A AND ALL FURTHER PROCEEDINGS
AND CONSEQUENTLY DIRECT THE LEARNED SENIOR CIVIL
JUDGE AND JMFC, ARAKALGUD TO AFFORD OPPORTUNITY TO
THE PETITIONERS TO FILE THEIR STATEMENT OF OBJECTION
TO THE EXECUTION PETITION AND DECIDE THE CASE IN
ACCORDANCE WITH LAW; AND ETC.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
                           ORDER

Petitioners/judgment debtors in Execution Case No.2 of

2023 on the file of the Additional Civil Judge and JMFC,

Arakalagudu are before this Court under Article 227 of the

Constitution of India praying to set-aside the order dated 10th

January, 2023, wherein the Trial Court dispensed with the

issuance of notice to petitioner/judgment debtors; inter-alia

sought for direction to the learned Additional Civil Judge and

JMFC, Arakalgudu to afford an opportunity to

petitioners/judgment debtors to file their statement of

objections to the execution petition.

NC: 2023:KHC:29334 WP NO.18085 OF 2023

2. Sri. Nagaraj S. Jain, learned counsel appearing for

petitioners submit that the notice was dispensed with to the

petitioners/judgment debtors taking note of the fact that the

execution is filed within two years from the date of decree in

terms of Order XXI Rule 22 of CPC. He would submit that

though the petitioners/judgment debtors subsequently

appeared before the execution court on 07th June, 2023

through their counsel, no opportunity is provided to the

petitioners/judgment debtors to file objection or application

before the execution court. He further submits that the

execution petition is posted to 21st August, 2023.

3. Admittedly, the petitioners/judgment debtors have

not filed any objection or application on their appearance

before the Executing Court. Nothing prevented the petitioners

from filing objection or appropriate application. Having not

filed any objection or application on appearance and on

subsequent dates, the petitioners cannot complain non-

providing of opportunity to file objection or appropriate

application.

NC: 2023:KHC:29334 WP NO.18085 OF 2023

4. Under the above circumstances, it would be

appropriate to permit the petitioners/judgment debtors to file

their objection or appropriate application before the Trial Court

on next date of hearing i.e., on 21st August, 2023. If the

petitioners/judgment debtors file any objection or application

before the Trial Court on 21st August, 2023, the same shall be

considered by the Trial Court before proceeding further in the

matter.

All contentions are left open.

With these observations, writ petition stands disposed of.

Sd/-

JUDGE

ARK