Sri.R.Manjunath vs Sr.B.S.Somanath
2024 Latest Caselaw 4655 Kant

Karnataka High Court

Sri.R.Manjunath vs Sr.B.S.Somanath on 15 February, 2024

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                                                        NC: 2024:KHC:6611
                                                       CRP No. 60 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 15TH DAY OF FEBRUARY, 2024

                                         BEFORE
                          THE HON'BLE MR JUSTICE M.I.ARUN
                   CIVIL REVISION PETITION NO. 60 OF 2024 (IO)
               BETWEEN:

               SRI. R. MANJUNATH,
               S/O M. RADHAKRISHNA SHETTY,
               AGED ABOUT 60 YEARS,
               RESIDING AT NO.59/60,
               GROUND FLOOR, NO.1,
               SHANKARMUTT MAIN ROAD,
               SHANKARAPURAM,
               BENGALURU - 560 004.
                                                             ...PETITIONER
               (BY SRI. HANUMANTHAPPA HARAVI, ADVOCATE)

               AND:

               SRI. B.S. SOMANATH,
Digitally      S/O LATE R. SHANKARANARAYANA,
signed by H
K HEMA         AGED ABOUT 70 YEARS,
Location:      RESIDING AT NO. 59/60,
High Court
of Karnataka   GROUND FLOOR, NO.1,
               SHANKARMUTT MAIN ROAD,
               SHANKARAPURAM,
               BENGALURU - 560 004.
                                                            ...RESPONDENT
                      THIS CRP IS FILED UNDER SECTION 115 OF CPC
               PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY
               THE HON'BLE 8TH ADDITIONAL, CITY CIVIL AND SESSIONS
               JUDGE    (CCH15)   AT   BENGALURU,   DATED   11.01.2024   IN
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                                               NC: 2024:KHC:6611
                                              CRP No. 60 of 2024




EXECUTION CASE NO.319/2023 ORDERS ON I.A.NO.3 AND
CONSEQUENTLY ALLOW THIS PETITION, IN THE INTEREST OF
JUSTICE.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

                           ORDER

1. Aggrieved by the order passed in Ex.No.319/2023

dated 11.01.2024, passed by the VIII Additional

City Civil and Sessions Judge (CCH-15) At Bengaluru, the

judgment debtor therein has preferred this Civil Revision

Petition.

2. The petitioner herein suffered a decree in

O.S.No.8350/2019.

3. Ex.No.319/2023 was initiated by the decree holder to

enforce the decree and he also filed I.A.No.3 under Order

XXI Rules 43 and 54, read with Rule 64 of the CPC. The

same has been allowed by the Execution Court and it has

issued an attachment warrant of movable and immovable

properties mentioned therein. The petitioner herein is

aggrieved by the same. According to him, he is not liable

NC: 2024:KHC:6611

to pay any amounts to the decree holder. However, it is

seen from the objections filed before the Execution Court

that no such contention has been taken before the

Execution Court. Further, the decree holder admits having

suffered a decree in O.S.No.8350/2019. I do not see any

error in the order passed by the Executing Court.

4. For the aforementioned reasons, the Civil Revision

Petition is hereby dismissed.

5. However, if the petitioner has paid any amounts to

the respondents, he can always bring it to the notice of

the Executing Court and obtain the necessary orders in

accordance with law.

Pending IAs., if any stand disposed of.

Sd/-

JUDGE

CH

CT: BHK