Karnataka High Court
M/S Ksg Exotics vs M/S Agricultural Consultants on 13 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:6204
WP No. 13908 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 13908 OF 2023 (GM-CPC)
BETWEEN:
1. M/S. KSG EXOTICS
REP. BY ITS SOLE PROPRIETOR.
SRI .P. MURALIDHARAN.
SINCE DECEASED BY HIS LRS
1(A) SMT. MYTHREYI,
W/O SRI. GURUPRASAD,
D/O LATE P. MURALIDHARAN,
AGED ABOUT 37 YEARS.
1(B) SMT. MEGHANA,
W/O SRI. SUNIL GOWDA I.D.,
D/O LATE P. MURALIDHARAN,
AGED ABOUT 32 YEARS.
Digitally
signed by BOTH ARE R/AT NO.237/46A
VANDANA S
Location:
5TH MAIN ROAD, CHAMARAJPET,
HIGH COURT BENGALURU - 560 018.
OF
KARNATAKA ...PETITIONERS
(BY SRI. NANDISH GOWDA G.B., ADVOCATE)
AND:
M/S AGRICULTURAL CONSULTANTS
NO.19/10, BAWA ROAD
RESIDENCY APARTMENTS
2ND FLOOR, ALWARPET
CHENNAI - 600 018
REP. BY ITS PROPRIETOR
-2-
NC: 2024:KHC:6204
WP No. 13908 of 2023
SMT. LALITHA MUKUNDAN
...RESPONDENT
(BY SRI. RAJADITHYA SADASIVAN, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED:23/05/2023 PASSED BY THE COURT OF THE XLIV
ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH
NO.45) ON IA NO.5 IN EX.CASE NO.1821/2020 VIDE ANNEXURE-A
AND CONSEQUENTLY DISMISS THE APPLICATION FILED BY THE
DECREE-HOLDER / RESPONDENT HEREIN UNDER ORDER 21
RULE 66 R/W SEC 151 OF CPC IN EX. CASE NO. 1821/2020 AND
ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned order dated
23.05.2023 passed in Ex.No1821/2020 by the XLIV Additional City
Civil and Sessions Judge, Bengaluru whereby the application in
I.A.No.5 filed by the respondent-decree holder under Order XXI
Rule 66 of CPC seeking sale of the schedule property, was allowed
by the trial Court.
2. The present petition was preferred by the petitioner-
judgment debtor, M/S. KSG Exotics, represented by its Sole
Proprietor, Sri.P.Muralidharan, who expired during the pendency of
NC: 2024:KHC:6204
the present petition. The children of the aforesaid Sole Proprietor,
Sri.P.Muralidharan, had filed I.A.No.1/2024 to come on record as
his legal representatives.
3. Accepting the reasons assigned in the application,
I.A.No.1/2024 is allowed. The applicants are permitted to come on
record as legal representatives of the deceased petitioner.
4. Insofar as I.A.No.2/2024 was filed by the legal
representatives of the petitioner seeking impleadment of wife of the
Sole Proprietor, Sri.P.Muralidharan, as additional respondent No.1,
is concerned, since the estate of the petitioner-Sole Proprietor is
sufficiently represented by his children, who are permitted to
prosecute the present petition by allowing I.A.No.1/2024, I am of
the view that I.A.No.2/2024 does not survive for consideration any
longer. Accordingly, I.A.No.2/2024 is disposed off. The petitioner is
directed to amend the cause title and file an amended cause title.
5. The subject matter of controversy in the present
petition is restricted to the non-grant of opportunity in favour of the
original petitioner to file his objections and contest I.A.No.5 filed by
the respondent under Order XXI Rule 66 of CPC.
NC: 2024:KHC:6204
6. Learned counsel for the petitioner submits that the
execution proceedings are posted before the trial Court on
29.02.2024 and if one last opportunity is granted, the legal
representatives of the deceased petitioner will file their objections
on 29.02.2024 without seeking any adjournment and necessary
directions will be given to the trial Court to dispose of I.A.No.5 in
accordance with law.
7. Per contra learned counsel for the respondents-decree
holder submits that necessary directions be issued to the trial Court
to dispose of I.A.No.5 within a stipulated time frame.
8. The submissions of the learned counsel are placed on
record.
9. In view of the aforesaid facts and circumstances, I
deem it just and appropriate to set aside the impugned order and
direct the trial Court to reconsider the application in I.A.No.5 afresh
in accordance with law and also conclude the execution
proceedings within a stipulated time frame.
10. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
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(ii) The impugned order dated 23.05.2023 vide
Annexure-A is hereby set aside.
(iii) The legal representatives of the petitioner are
directed to file their objections to I.A.No.5 on the next
date of hearing of the trial Court which is posted on
29.02.2024.
(iv) The trial Court is directed to consider and pass an
appropriate order on I.A.No.5 on or before
01.04.2024.
(v) The executing Court is directed to conclude the
executing proceedings within a period of six months
from the date of receipt of copy of this Order.
(vi) All rival contentions on all aspects of the matter are
kept open and no opinion is expressed on the same.
Sd/-
JUDGE
KTY
CT:SNN
