Karnataka High Court
Sri Laxminarasimaiah @ Dasa vs Smt K Shyamala on 20 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:7158
WP No. 5200 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 5200 OF 2024 (GM-CPC)
BETWEEN:
SRI LAXMINARASIMAIAH @ DASA
S/O HANUMANTHAPPA
AGED ABOUT 53 YEARS
R/AT NO.6, 1ST FLOOR
2ND MAIN, 2ND CROSS
GOVINDARAJANAGAR, BENGALURU 560 040
...PETITIONER
(BY SRI. RAAM PRASAD B S.,ADVOCATE)
AND:
SMT K SHYAMALA
W/O SRI V.K. GANGAIAH
AGED ABOUT 55 YEARS
RA/T NO. 33, K.H.B COLONY
PAPANNA GARDEN, BASAVESHWARANAGAR
Digitally signed by BENGALURU 560 079
VANDANA S
Location: High
Court of Karnataka NOW R/AT NO. 150,
7TH CROSS, 2ND BLOCK
1ST STAGE, NAGARABHAVI
BDA LAYOUT, BEHIND UNITY LIFELINE HOSPITAL
BENGALURU 560 072
...RESPONDENT
(BY SRI.VINOD GOWDA .,ADVOCATE FOR C/R1)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER
DTD 29.01.2024 PASSED BY THE XXVII ADDL. CITY CIVIL AND
SESSION JUDGE AT BENGALURU ON IA NO. III FILED BY THE
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WP No. 5200 of 2024
RESPONDENT/DECREE HOLDER UNDER ORDER XXI RULE 32
(1) AND (5) READ U/S 151 OF CPC IN EX. NO. 2850/2018 VIDE
ANNEXURE-M.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition by the Judgment Debtor in Ex.No.2850/2018 is
directed against the impugned order dated 29.01.2024 passed by
the XXVII Addl. City Civil and Sessions Judge, Bangalore whereby
the application filed by the respondent - decree holder under Order
21 Rule 32 (1) & (5), CPC was allowed by the Executing Court.
2. Heard learned counsel for the petitioner and learned
counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the
respondent-decree holder instituted the aforesaid executing
proceedings to execute and implement the judgement and decree
exparte judgment and decree dated 28.09.2015 passed in
O.S.No.1538/2015. Aggrieved by the said exparte judgment and
decree, the petitioner-judgment debtor has filed Misc.No.1121/2019
which is pending adjudication before the Trial Court. Meanwhile,
the respondent filed the instant execution proceedings in
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Ex.No.2850/2018 to execute and implement the aforesaid exparte
judgment and decree and since there was no interim order of stay
passed in the Miscellaneous proceedings, the Trial Court
proceeded further in the execution proceedings. During the
pendency of the execution proceedings, the respondent filed an
application I.A.No.3 under Order 21 Rule 32 (1) and (5), CPC
alleging wilful disobedience/failure by the petitioner of the judgment
decree and passed in favour of the respondent-decree holder. The
said petition having been opposed by he petitioner, the Trial Court
passed the impugned order allowing I.A.No.3 aggrieved by which
petitioner-judgment debtor is before this Court by way of the
present petition.
4. Learned counsel for the petitioner - judgment debtor
submits that execution proceedings are presently posted before the
Executing Court on 25.03.2024. It is submitted that the
Misc.No.1121/2019 is also posted before the very same Trial Court
on 25.03.2024. It is therefore submitted that necessary directions
may be issued to the Trial Court to club/consolidate, try and
dispose of the both the execution proceedings and the
miscellaneous proceedings together in accordance with law. It is
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also submitted that pursuant to the impugned order the structure on
the suit schedule properties has been demolished today i.e., on
20.02.2024 and the parties may be directed to maintain status-quo
till disposal of Miscellaneous proceedings and the Execution
proceedings.
5. Per contra, learned counsel for the respondent would
oppose the said submission and submit that there is no merit in the
petition and the same is liable to be dismissed.
6. A perusal of the impugned order will indicate that the Trial
Court has summarily allowed the application I.A.No.3 without
appreciating that the relief sought for in I.A.No.3 is the same relief
sought for in the main Execution petition and the question of
allowing the application by keeping the main execution petition
pending would not arise in the facts and circumstances of the
instant case and consequently, the impugned order deserves to be
set aside. However, having regard to the fact that both
Ex.No.2850/2018 and Misc.No.1121/2019 are pending before the
very same Trial Court and posted on the very same date i.e., on
25.03.2024 coupled with the fact that the structure on the suit
schedule property has already been demolished on 20.02.2024,
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without expressing any opinion on the merit/demerits of the rival
contentions, I deem it just and appropriate to set aside the
impugned order and remit the matter to the Trial Court for
reconsideration afresh by consolidating / clubbing both
Ex.No.2850/2018 and Misc.No.1121/2019 together in accordance
with law within a stipulated time frame and by issuing necessary
directions to the parties.
7. In the result, I pass the following:
ORDER
(i) Petition is hereby disposed of.
(ii) The impugned order dated 29.01.2024 in
Ex.No.2850/2018 passed by the XXVII Addl. City Civil and
Sessions Judge, Bangalore, is hereby set aside.
(iii) The matter is remitted back to the Trial Court to
club/consolidate, try and dispose of both Ex.No.2850/2018 and
Misc.No.1121/2019 together in accordance with law within a period
of six months from 25.03.2024.
(iv) It is further directed till disposal of both
Ex.No.2850/2018 and Misc.No.1121/2019, parties shall maintain
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status-quo in all respects as on today in relation to the suit
schedule properties.
(v) All rival contentions on all aspects of the matter are
kept open and no opinion is expressed on the same.
SD/-
JUDGE
DHA
