Sri Mahathobala Mahalingeswara vs Smt Vathsala @ Laxmidevi
2023 Latest Caselaw 3276 Kant

                                                 -1-
                                                        NC: 2023:KHC:20526
                                                           WP No. 15499 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 14TH DAY OF JUNE, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                          WRIT PETITION NO. 15499 OF 2020 (GM-CPC)
                   BETWEEN:

                         SRI MAHATHOBALA MAHALINGESWARA
                         TEMPLE PUTTUR
                         represented BY ITS EXECUTIVE OFFICER,
                         SRI NAVEEN KUMAR BHANDARY H,
                         S/O KRISHNA BHANDARY,
                         AGED ABOUT 39 YEARS,
                         R/O MARIKAI HOUSE,
                         KODIYALA VILLAGE AND POST,
                         SULLIA TALUK,
                         DAKSHINA KANNADA DISTRICT.


                                                           ...PETITIONER
Digitally signed   (BY SRI. KESHAVA BHAT A.,ADVOCATE)
by CHANDANA
BM
                   AND:
Location: High
Court of
Karnataka          1.    SMT VATHSALA @ LAXMI DEVI
                         W/O LATE SRI HANUMANTHA MALLYA,
                         AGE MAJOR,
                         R/O NELLIKATTE, PUTTUR KASABA VILLAGE,
                         PUTTUR,
                         DAKSHINA KANNADA DISTRICT.

                   2.    THE ASSISTANT COMMISSIONER CUM
                         LAND ACQUISITION OFFICER, PUTTUR,
                                   -2-
                                        NC: 2023:KHC:20526
                                         WP No. 15499 of 2020




    DAKSHINA KANNADA DISTRICT.


                                        ...RESPONDENTS
(BY SRI. K.SRIHARI, ADVOCATE FOR R1;
    SRI. C.N.MAHADESHWARAN, AGA FOR R2)


     THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE THE ORDER MADE BY THE LEARNED
PRINCIPAL CIVIL JUDGE AND ACJM PUTTUR D.K.
DTD.3.2.20220 IN EXECUTION CASE NO.10/2015 VIDE
ANENXURE-A AND DISMISS THE EXECUTION
PETITION.

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

                         ORDER

This petition is directed against the impugned order

dated 03.02.2020 passed in Execution Case No.10/2015

by the Principal Senior Civil Judge and ACJM, Puttur (for

short, 'the executing Court') whereby, the executing Court

directed attachment of movables of the respondent No.2-

judgment debtor.

2. Heard learned counsel for the parties and

perused the material on record.

NC: 2023:KHC:20526 WP No. 15499 of 2020

3. The material on record discloses that the

deceased respondent No.1 - decree holder instituted the

aforesaid execution proceedings against the respondent

No.2 - judgment debtor and the same is pending

adjudication before the executing Court. By the impugned

order, the executing Court directed attachment of movables

belonging to the respondent No.2 - judgment debtor. At that

stage, the petitioner preferred the present petition inter alia

contending that he has independent right over the subject

matter of the execution proceedings and on the ground that

he is the beneficiary and consequently, the impugned order

deserves to be set aside.

4. A perusal of the impugned order discloses that

there are several contentious issues and rival claims urged

by the petitioner and the respondent No.1 - decree holder,

which would necessarily have to be decided by the

executing Court. However, since the petitioner has not

approached the executing Court prior to preferring the

present petition, I deem it just and appropriate to dispose of

NC: 2023:KHC:20526 WP No. 15499 of 2020

this petition directing the petitioner to file appropriate

application before the executing Court in Execution Case

No.10/2015, which presently stands posted on 17.06.2023.

If such an application is filed by the petitioner in Execution

Case No.10/2015 as stated supra, the executing Court

shall provide an opportunity to the respondent No.1 -

decree holder to file objections to the said application and

thereafter consider and pass appropriate orders on the said

application in accordance with law. After disposal of such

an application to be filed by the petitioner in the said

Execution Case No.10/2015, the executing Court shall

proceed further in accordance with law.

5. Learned counsel for the petitioner on

instructions, submits that the aforesaid application will be

filed by the petitioner on the next date of hearing i.e., on

17.06.2023. As stated earlier, the executing Court shall

provide an opportunity to the respondent No.1 - decree

holder to file objections and proceed further in accordance

with law. It is made clear that only after disposal of the said

NC: 2023:KHC:20526 WP No. 15499 of 2020

application, the executing Court shall proceed further in the

executing proceedings.

Subject to the aforesaid observations, the petition

stands disposed of.

Sd/-

JUDGE

RB