Karnataka High Court
Ambassador Educational And vs Dr Meena Umachander on 29 July, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:29736
WP No. 20037 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.20037 OF 2024 (GM-CPC)
BETWEEN:
AMBASSADOR EDUCATIONAL AND
EMPLOYMENT AND CHARITABLE TRUST
REP. BY ITS AUTHORIZED PERSON /TRUSTEE
SRI. B.S. SATHISH
NO. 27/3, BPH, 4TH FLOOR,
SUMMIT APARTMENT, SANKEY ROAD,
BENGALURU-560 001
...PETITIONER
(BY SRI. G.V. CHANDRASHEKAR., SR. COUNSEL FOR
SRI. MOHAMMED MOIN ULLA., ADVOCATE)
AND:
Digitally signed
by JUANITA
THEJESWINI 1. DR MEENA UMACHANDER
Location: HIGH W/O SRI S. UMACHANDER
COURT OF AGED ABOUT 63 YEARS
KARNATAKA
R/O NSR BUILDINGS
BEHIND BHARATH PETROLEUM
NO.244, M.C. ROAD, AMBUR-635 802
NORTH ARCOT AMBEDKAR DISTRICT
TAMILNADU-635 802
2. HUSSAIN MUEEN FAROOQ
S/O K. M. HUSSAIN
AGED ABOUT 48 YEARS
-2-
NC: 2024:KHC:29736
WP No. 20037 of 2024
R/AT NO.116, 1ST CROSS
BEHIND GOWRI APARTMENTS
RAMAKRISHNA GARDENS
NEW BEL ROAD BENGALURU-560054
...RESPONDENTS
(BY SRI.R.HEMANTH RAJ., ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DTD. 23.07.2024 (ANNX-A) PASSED IN EX.NO. 1797/2014 ON
THE FILE FO ADDL CITY CIVIL AND SESSION JUDGE
BENGALURU FILED FOR THE EXECUTION OF DECREE IN
O.S.NO. 1343/2011 ON THE FILE OF ADDL. CITY CIVIL JUDGE
BENGALURU AND KINDLY DO JUSTICE TO THE PETITIONER IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned counsel Sri R.Hemanth Raj, appears for the
respondent No.1 - Decree Holder.
2. Learned Senior Counsel appearing for the
petitioner submits that office objection is regarding the
non production of the copy of the execution petition and
the fact that the petitioner is not a party before the Lower
Court or before the Executing Court. Learned Senior
NC: 2024:KHC:29736
Counsel submits that a suit was filed by respondent No.1
against respondent No.2 and judgment has been passed in
favour of respondent No.1. The respondent No.1 has filed
the execution case seeking for recovery of decreetal
amount against respondent No.2. However, in the process
of execution case, it appears that respondent No.1 -
Decree Holder has filed an application for attachment and
sale of immoveable property belonging to the respondent
No.2 herein, who is the Judgment Debtor. The application
has been allowed by the Executing Court and the
execution court has "issued warrant of attachment of
movables of the Judgment Debtor if list of movables is
furnished to the address of the PF". It appears that the
Decree Holder has given the address of the petitioner
herein and therefore the petitioners are before this Court.
Moreover, the petitioners have filed an application under
Section 151 of the Code of Civil Procedure seeking stay of
further proceedings.
NC: 2024:KHC:29736
3. Nevertheless, learned counsel for respondent
No.1 submits that the Executing Court may be directed to
consider the application filed by the petitioner herein and
till the consideration of the application the Decree Holder
will not press the execution warrant issued by the
executing court. At this juncture, learned counsel for
respondent No.1 - Decree Holder would also add that the
Decree Holder will ascertain particulars of the Judgment
Debtor and will furnish better particulars before the
executing court.
4. Recording the submissions of the learned
counsel for respondent No.1 - Decree Holder and the
learned senior counsel appearing for the petitioners, the
writ petition stands disposed of, with a direction to the X
Additional City Civil and Sessions Judge, Bangalore in
Execution Case No.1797/2014 that it shall consider the
application filed by the petitioner herein under Section 151
of Civil Procedure Code and only then proceed to issue
further direction for attachment of the movables of the
NC: 2024:KHC:29736
Decree Holder. Till then the order of attachment of
moveable issued on 23.07.2024 shall not be proceeded
with. Liberty is reserved to the petitioner to file an
appropriate application i.e., Objector application only to
protect the interest regarding the moveables and
immoveables belonging to the petitioners. The application
filed by the petitioner shall be considered and disposed of
as expeditiously as possible and at any rate within a period
of four weeks from the date of receipt of copy of this
order.
Sd/-
(R DEVDAS)
JUDGE
KLY
CT: JL
