Karnataka High Court
Smt Basammani vs Subbanna Dead By His Lrs on 18 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:15261
WP No. 7413 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No. 7413 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. BASAMMANI
W/O LATE M. BASAVANNA,
AGED ABOUT 55 YEARS,
2. SMT. B. NAGALAMBIKE
D/O LATE M. BASAVANNA,
AGED ABOUT 36 YEARS
3. SRI SOMASHEKARA
S/O LATE M. BASAVANNA,
AGED ABOUT 34 YEARS
ALL ARE R/AT MUDLUPURA VILLAGE,
KASABA HOBLI,
Digitally CHAMARAJANAGARA TALUK AND
signed by
VINUTHA B S DISTRICT - 571313.
Location: High ...PETITIONERS
Court of
Karnataka (BY SRI ABHIJITH M.M., ADVOCATE)
AND:
SUBBANNA, DEAD BY HIS LRS,
1. SMT. PARVATHAMMA,
W/O LATE SUBBANNA,
AGED ABOUT 59 YEARS.
2. SRI SHIVASHANKARA,
S/O LATE SUBBANNA,
AGED ABOUT 43 YEARS,
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NC: 2024:KHC:15261
WP No. 7413 of 2024
ALL ARE R/AT MUDLUPURA VILLAGE,
KASABA HOBLI,
CHAMARAJANAGARA TALUK AND
DISTRICT - 571313.
...RESPONDENTS
(BY SRI P. MAHESHA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDERS PASSED BY THE LEARNED SR.CIVIL JUDGE
AND CJM, AT CHAMARAJANAGARA, IN EX.CASE No.33/21 ON
DATED 03/02/2024, DULY ATTACHED AND PROHIBITING THE
JDRS FROM TRANSFERRING OR CREATING CHARGE IN
RESPECT OF THE SUIT SCHEDULE PROPERTY AS PER
ANNEXURE-E ISSUE ARREST WARRANT AGAINST THE JDR NO.
3 ON 02/03/2024 AS PER ANNEXURE-F.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition by the judgment debtors 2, 3 and 4 in
Execution Case No.33/2021 on the file of the Senior Civil
Judge and C.J.M. at Chamarajanagar is directed against
the impugned order dated 03.02.2024 whereby the
application - I.A. No.6 filed by the respondents/decree
holder and Order XXI Rule 54 of CPC was allowed by the
Executing Court. When the matter came up for hearing
before this Court on 18.03.2024 the following order was
passed.
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"Issue emergent notice to the respondents
returnable by 18.04.2024.
In the meanwhile, all further proceedings in
Ex.No.33/2021 pending on the file of Senior Civil Judge
and CJM, Chamarajanagar, are hereby stayed till the next
date of hearing, subject to the petitioners depositing a sum
of Rs.3 lakhs before the Executing Court on or before
16.04.2024.
Re-list on 18.04.2024.
Liberty is reserved in favour of respondents to seek
vacation/modification of this order."
2. Heard the learned counsel for the petitioners
and learned counsel for the respondents and perused the
materials on record.
3. Learned counsel for the petitioners submits that
out of the aforesaid sum of Rs.3,00,000/- directed to be
deposited by this Court, only Rs.1,00,000/- is deposited on
16.04.2024 and the balance would be deposited within two
weeks from today.
4. Per contra, learned counsel for the respondents
invites my attention to the interim order dated 24.07.2023
NC: 2024:KHC:15261
passed by this Court in W.P. No.13637/2023 which
culminated in a final order dated 15.09.2023 passed by
this Court which reads as under:
"This Court on 24.07.2023 passed the following
order:
"Learned counsel for the petitioners invites my
attention to the affidavit dated 15.06.2023 [Annexure-D]
filed by the petitioners-Judgment debtors in the instant
Ex. No.33/2021 in order to point out that as undertaken
by the petitioners/Judgment Debtors in the said affidavit,
the entire decreetal amount shall be paid by the
petitioners to the respondents/decree holders on or
before 15.09.2023.
Submission of the learned counsel for the
petitioners is placed on record.
Though the aforesaid submission is vehemently
opposed by the learned counsel for the
respondents/decree holders, in view of the categorical
undertaking given by the petitioners that they would pay
the entire decreetal amount to the respondents-decree
holders on or before 15.09.2023, by way of interim
arrangement, I deem it appropriate to direct the
petitioners-judgment debtors to pay the aforesaid entire
decreetal amount on or before 15.09.2023.
It is made clear that no further extension of time
will be granted to the petitioners under any
circumstances whatsoever. Further, in the event, the
petitioners do not pay the said amount to the decree
holders on or before 15.09.2023, the present petition
NC: 2024:KHC:15261
would automatically stand dismissed without further
orders and the respondents are at liberty to proceed
further in the matter.
Re-list on 15.09.2023 under the caption 'orders.
2. Sri. P.Mahesha, learned counsel for
respondent No.2 points out that the petitioners have not
complied with the above interim order and submits that in
view of the above order, the writ petition automatically
stands dismissed without further orders.
3. Learned counsel for the petitioners submits
that the petitioners could not comply with the order dated
24.07.2023 and prays for further four weeks time to
comply with the order dated 24.07.2023.
4. This Court by order dated 24.07.2023
granted time to the petitioners to pay the entire decreetal
amount within 15.09.2023, observing that in the event,
the petitioners fail to pay the said amount, the present
petition would automatically stands dismissed without
further orders and respondents are at liberty to proceed
further in the matter.
In terms of the above order, this Court has no
option but to dismiss the writ petition. Accordingly, writ
petition stands dismissed.
5. It is submitted that despite undertaking to
deposit the entire decreetal amount, the petitioners have
suppressed the aforesaid orders passed by this Court and
NC: 2024:KHC:15261
approached this Court by way of the present petition,
which is liable to be dismissed.
6. In view of the aforesaid facts and circumstances
and the earlier orders passed by this Court dated
24.07.2023 and 15.09.2023 in W.P. No.13637/2023
preferred by the very same petitioners herein and the non-
compliance of the order dated 18.03.2024 by the
petitioners herein, I am of the view that the petitioners are
not entitled to any more indulgence at the hands of this
Court in the present petition, which is accordingly it is
dismissed.
Sd/-
JUDGE
VBS
