Karnataka High Court
K. K. R. Milk Service vs Apana Finvest Pvt Ltd on 8 January, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:849
WP No. 26278 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 26278 OF 2023 (GM-CPC)
BETWEEN:
1. K. K. R. MILK SERVICE,
DODDLA NILAYA,
DYAVARASE GOWDANA DODDI ROAD,
ARKAVATHI BADAVANE,
OPP. VRL TRANSPORT,
RAMANAGARA-572 126.
REPRESENTED BY ITS OWNER,
SRI. RAJU. K,
S/O. KRISHNAIAH,
AGED ABOUT 52 YEARS.
OWNER OF KKR MILK SERVICE.
...PETITIONER
(BY SRI. B. V. VIDYULATHA., ADVOCATE)
Digitally AND:
signed by
VINUTHA B S 1. APANA FINVEST PVT. LTD.,
Location: High NO. 3, 2ND FLOOR,
Court of
Karnataka THIMAIAH CHAMBERS,
1ST CROSS, GANDHINAGAR,
BANGALORE-560 009,
REP. BY ITS AUTHORIZED OFFICER,
MANISH DOSHI,
S/O. JEEVANCHAND DOSHI.
REGISTERED UDNER COMPANIES ACT.
2. LOHITH. H. S.
(AUCTION PURCHASER),
FATHER NAME NOT KNOW TO PETITIONER
-2-
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WP No. 26278 of 2023
AGED ABOUT 50 YEARS,
R/AT VINAYAKANAGAR 2ND STAGE,
UTTARA BADAVANE,
NEAR HP GAS GODOWN,
RAMANAGARA - 562159.
...RESPONDENTS
(BY SRI RAMESHA H. C., ADVOCATE FOR R1;
SRI SRINIVASA D.C., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT RAMANAGARAM
IN EXECUTION CASE NO. 51/2018 TO RECEIVE THE
APPLICATION FILED BY THE PETITIONER UNDER ORDER XXI
RULE 89 R/W SECTION 151 OF CPC AT ANNEXURE-F TO THE
WRIT PETITION AND SET ASIDE THE SALE ORDER DATED
25/09/2023 MADE IN FAVOUR OF THE R2 AT ANNEXURE-E IN
EX 51/2018 IN RESPECT OF THE PETITION SCHEDULE
PROPERTY, IN ACCORDANCE WITH LAW.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner has sought for the
following reliefs:
"a) Issue a writ of mandamus or any
other similar writ or order or direction directing
the Principal Senior Civil Judge and CJM at
Ramanagaram in Execution Case No.51/2018 to
receive the application filed by the petitioner
under Order XXI Rule 89 R/w Section 151 of CPC
at Annexure - F to the writ petition and set aside
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the sale order dated 25.09.2023 made in favour
of the 2nd respondent at Annexure - E in
Ex.51/2018 in respect of the Petition Schedule
Property, in accordance with law.
b) Grant any other relief as this Hon'ble
Court deems fit in the facts and circumstances of
the case including awarding costs, in the interest
of justice and equity."
2. Heard.
3. The material on record discloses that the
petitioner was arraigned as judgment debtor in Execution
Proceedings No.51/2018 before the Principal Civil Judge
and CJM, Ramanagar in which, the subject property was
brought to sale on 25.09.2023 in which, the respondent
No.2 is the auction purchaser. Subsequently, on
10.10.2023, the executing Court adjourned the matter to
27.11.2023.
4. It is the grievance of the petitioner that since
the prescribed period to file an application under Order
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XXI Rule 89 of CPC for setting aside the same would stand
expired on 23.11.2023, the petitioner/judgment debtor
approached the Executing Court on 23.11.2023 along with
an appropriate application and since the executing Court
did not receive the said application on account of strike by
the Bar Association, the petitioner was constrained to
approach this Court by way of present petition in which,
this Court passed the interim order on 27.11.2023.
5. It is submitted that as directed by this Court,
the petitioner has deposited a total sum of Rs.12.00 lakhs.
It is further submitted that on 27.11.2023, the petitioner
filed an application under Order XXI Rule 89 of CPC, which
is pending adjudication.
6. Per contra, learned counsel for the respondents
would dispute the various contentions urged by the
petitioner and submitted by the petitioner. He however on
instruction submits that he would file objections to the
application filed by the petitioner Under Order XXI Rule 89
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of CPC before the Executing Court, which may be directed
to dispose of the same in accordance with law.
7. The aforesaid facts and circumstances clearly
establishes that since the application filed by the petitioner
under Order XXI Rule 89 of CPC dated 27.11.2023 is still
pending adjudication, it would be just and appropriate to
dispose of this petition directing the trial Court to dispose
of the said application in accordance with law after
providing sufficient and reasonable opportunity to both the
parties. In the result,
ORDER
a. Petition is hereby disposed of.
b. The trial Court is directed to dispose of the
application filed by the petitioner on 27.11.2023
under Order XXI Rule 89 CPC in accordance
with law.
c. Liberty reserved in favour of the respondents to
file their objections to the said application and
contest the same in accordance with law.
Liberty is also reserved in favour of the parties
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to file their respective memo of calculation
which shall be considered by the trial Court
before passing appropriate orders as stated
Supra.
d. All rival contentions of all aspects of the matter
are kept open and no opinion is expressed on
the same.
e. The amount of Rs.2.00 lakhs deposited before
this Court is directed to be transferred to the
Executing Court in Execution No.51/2018.
Sd/-
JUDGE
VBS
