Karnataka High Court
Sri Mohammed Imtiyaz vs Sri K N Malikarjuna on 20 December, 2023
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CRP No. 770 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CIVIL REVISION PETITION NO. 770 OF 2023
BETWEEN:
SRI. MOHAMMED IMTIYAZ
S/O LATE S. BASHA
AGED ABOUT 60 YEARS,
PROPRIETOR, NATIONAL SANITATIONS,
NO.20/1, SJP ROAD,
BANGALORE-560002.
...PETITIONER
(BY SRI. AVINASH P., ADVOCATE)
AND:
SRI. K.N. MALIKARJUNA
S/O LATE K.M. NAGANNA,
AGED ABOUT 81 YEARS,
R/AT NO.25, HONURAPPA LAYOUT,
CUBBON PET,
BANGALORE-560002
Digitally REPRESENTED BY SPA HOLDER,
signed by
SUMA SRI. K.M. JAIKEERTHI,
Location: S/O MALLIKARJUNA
HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SMT. RAJESHWARI M., ADVOCATE)
THIS CRP IS FILED UNDER SECTION 115 OF CODE OF
CIVIL PROCEDURE, 1908 PRAYING TO SET ASIDE THE ORDER
PASSED BY THE ADDITIONAL CITY CIVIL AND SESSIONS
COURT IN EX.1862/2022 DATED 20.11.2023 WHEREIN IT IS
DIRECTED TO ISSUE A/M/W AGAINST THE JDR.
THIS PETITION, COMING ON FOR ORDER, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRP No. 770 of 2023
ORDER
The petitioner is before this Court challenging an order
dated 20.11.2023 passed in Ex.P.No.1862/2022 by III
Additional City Civil and Sessions Court, Bengaluru, by which,
a warrant for attachment of movables was issued against him.
2. The respondent who obtained a decree of
ejectment in RFA No.288/2017 filed Ex.P.No.1862/2022 to
execute the judgment and decree to recover arrears of rent of
a sum of Rs.1,33,95,265/-.
3. The petitioner was served with the notice of the
execution petition. He also filed a memo of calculation
indicating that he had paid the arrears of rent. The Executing
Court after perusing the material felt that the petitioner is
liable to pay arrears of rent and since the same was not paid,
issued a warrant to attach the movables. Being aggrieved by
the said order, the petitioner has filed this petition.
4. The learned counsel for the petitioner has filed a
memo of calculation indicating that as on date, the petitioner
is only liable to pay sum of Rs.8,00,000/- being the arrears of
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rent, as the possession of the property was taken over by the
respondent.
5. The learned counsel for the respondent submits
that the impugned order passed by the Executing Court
issuing warrant may be set aside and the Executing Court
may be directed to reconsider and decide the question about
the arrears of rent payable by the petitioner.
6. In view of the aforesaid submission, this petition is
allowed and the impugned order dated 20.11.2023 passed
by the Trial Court issuing warrant for attachment of movables
is set aside, subject to the condition that the petitioner
deposits a sum of Rs.8,00,000/- within a period of four
weeks.
7. The Executing Court shall consider the question
raised before it and also adjudicate the arrears of rent that
the petitioner is liable to pay to the respondent.
8. It is made clear that if the amount of
Rs.8,00,000/- is not deposited, the respondent is entitled to
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obtain a fresh warrant to attach the movables and then
proceed in accordance with law.
Sd/-
JUDGE
HJ
