Sri.Siddalingaiah vs Sri. G Acyutha Raju
2023 Latest Caselaw 1668 Kant

                                            -1-
                                                   WP No. 4788 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 1ST DAY OF MARCH, 2023

                                          BEFORE
                 THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                      WRIT PETITION NO. 4788 OF 2023 (GM-CPC)
            BETWEEN:

            1.    SRI.SIDDALINGAIAH,
                  AGED 61 YEARS,
                  S/O PUTTARUDRAIAH,
                  NO. 11/14, 1st FLOOR,
                  21st MAIN ROAD,
                  BANGALORE - 560 040.
                                                         ...PETITIONER
            (BY SRI.SOMASHEKAR ANGADI, ADVOCATE FOR
                SRI. S. L. KAMATAR, ADVOCATE)
            AND:

            1.    SRI. G. ACYUTHA RAJU,
                  S/O GOPALA RAJU,
                  AGED ABOUT 40 YEARS.
            2.    SRI. G NANJUNDA RAJU,
Digitally
signed by         S/O N GOPALA RAJU,
VEERENDRA         AGED ABOUT 36 YEARS,
KUMAR K M
Location:
HIGH              BOTH ARE RESIDING AT NO.11/14
COURT OF
KARNATAKA         (GROUND FLOOR) 21st MAIN ROAD,
                  BANGALORE - 560 040.
            3.    T .L SHANTHA,
                  W/O LATE K ANTHURAIAH,
                  AGED ABOUT 60 YEARS,
                  NO.11/14, 1st FLOOR,
                  21st MAIN ROAD,
                  BANGALORE - 560 040.
                                                      ...RESPONDENTS
                                   -2-
                                             WP No. 4788 of 2023




     THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS
OF EXECUTION CASE NO.1089/2018 ON THE FILE OF THE
CITY CIVIL JUDGE AT BANGALORE(CCH-26) AND QUASHING
ANNEXURE-B ORDER DATED 23.02.2023 PASSED BY XTH
ADDL CITY CIVIL JUDGE AT BANGALORE IN EXECUTION
CASE NO.1089/2018 ON IA NO.1 AND 2 AND ETC.,

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

                                ORDER

Heard Sri. Somashekar Angadi, learned

counsel for the petitioner.

2. The petitioner is an objector in Execution

No.1089/2018 on the file of the 10 th Additional

City Civil and Sessions Judge, Bangalore (CCH-26).

The grievance of the petitioner is that he is a

tenant in the suit property, and because of

issuance of delivery warrant he is going to be

disposses sed. It is also stated that the petitioner

has made an application under Order 21 Rule 97 of

WP No. 4788 of 2023

CPC and till the application is decided after holding

an enquiry, the warrant cannot be executed.

3. As per the submission made by the

petitioner's counsel, the petitioner became a

tenant under the judgment debtor after institution

of the suit . Therefore his applicat ion under Order

21 Rule 97 of CPC, is not maintainable in view of

Order 21 Rule 102 of CPC. The tenant is bound by

the decree. Therefore, there is no infirmit y in

issuing delivery warrant. The writ petition is

therefore dis missed.

4. However, considering the har dship that

the petitioner has pleaded, the petitioner is given

one month time from today to vacate the suit

property.

Sd/-

JUDGE

VBS