Karnataka High Court
Sri.K.M.Kaverappa @ Krupa vs Smt.Kolera Varija Devaiah on 7 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:5260
WP No. 11749 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.11749 OF 2023 (GM-CPC)
BETWEEN:
SRI. K.M. KAVERAPPA @ KRUPA
S/O SRI. K.T. MEDAPPA
AGED ABOUT 40 YEARS
PRESENTLY RESIDING AT
HARIHARA VILLAGE AND POST,
SRIRAMANGALA HOBLI,
VIRAJPET TALUK
KODAGU DISTRICT - 571 214.
...PETITIONER
(BY SRI. MAHADEVA R.K., ADVOCATE)
AND:
SMT. KOLERA VARIJA DEVAIAH
W/O LATE RAVI DEVAIAH
AGED ABOUT 45 YEARS,
R/AT K - BADAGA VILLAGE AND POST,
Digitally
signed by SRIRAMANGALA HOBLI,
SHARMA VIRAJPET TALUK,
ANAND
CHAYA KODAGU DISTRICT - 571214.
Location: ...RESPONDENT
High Court
of (BY SRI. RAHUL CARIYAPPA K.S., ADVOCATE)
Karnataka
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ALLOW THE PETITION AND
QUASH THE ENTIRE PROCEEDINGS IN EX.NO.20/2022 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC AT VIRAJPET, SITTING AT
PONNAMPET VIDE ANNEXURE-A.
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NC: 2024:KHC:5260
WP No. 11749 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. In this petition, petitioner seeks quashing of the entire
proceedings in Ex. No.20/2022 pending on the file of Senior Civil
Judge and JMFC at Virajpet, sitting at Ponnampet. In the said
Execution Proceedings, the petitioner is the Judgment Debtor and
the respondent is the Decree Holder.
2. Pursuant to the interim order passed by this Court, petitioner
has deposited Rs.4,00,000/- before the Executing Court on
06.02.2024. Learned counsel for the petitioner, on instructions
submits that petitioner - Judgment Debtor would deposit the
balance Rs.13,00,000/- within a period of two months from today
i.e. on or before 08.04.2024.
3. Submission made by the learned counsel is placed on
record.
4. Learned counsel for the respondent submits that in the event
the petitioner does not deposit the entire amount of Rs.13,00,000/-
NC: 2024:KHC:5260
on or before 08.04.2024, the Executing Court may be directed to
proceed further and conclude the execution proceedings.
5. In view of the aforesaid facts and circumstances and joint
submission made by both sides, I deem it just and appropriate to
dispose of this petition directing the petitioner to pay/deposit the
entire sum of Rs.13,00,000/- before the Executing Court without
seeking any extension under any circumstances whatsoever, on or
before 08.04.2024.
6. The Executing Court is directed to disburse / release the
aforesaid sum of Rs.4,00,000/- in favour of the respondent /Decree
Holder forthwith, without any delay. Further, immediately upon
depositing balance amount of Rs.13,00,000/- on or before
08.04.2024, the Executing Court shall release / disburse the entire
sum of Rs.13,00,000/- in favour of the respondent / Decree Holder.
7. It is further directed that in the event the petitioner does not
deposit entire sum of Rs.13,00,000/- on or before 08.04.2024, the
Executing Court shall proceed further in the matter and conclude
the Execution Proceedings.
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8. With the above observations, the writ petition stands
disposed of.
9. Consequently, pending interlocutory application if any, does
not survive for consideration.
Sd/-
JUDGE
sac
