Karnataka High Court
Sri Venkata Reddy vs Sri D R Nagaraj on 29 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:29819
CRP No. 507 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CIVIL REVISION PETITION NO. 507 OF 2019
BETWEEN:
1. SRI VENKATA REDDY
S/O K. KAMA REDDY
AGED ABOUT 72 YEARS
2. SRI VENKATA MURTHY
S/O VENKATA REDDY
AGED ABOUT 47 YEARS
3. SRI MANJUNATH
S/O VENKATA REDDY,
AGED ABOUT 42 YEARS
ALL ARE R/AT DIBBURU VILLAGE
KASABA HOBLI,
CHIKKABALLAPUR TQ,
Digitally signed by B CHIKKABALLAPUR DISTRICT-562101.
K
MAHENDRAKUMAR ...PETITIONERS
Location: HIGH
COURT OF
(BY SRI. VASANTHAPPA, ADVOCATE)
KARNATAKA AND:
SRI D.R. NAGARAJ
S/O D.N. RAMACHANDRA RAO
AGED ABOUT 52 YEARS
R/AT DIBBURU VILLAGE
KASABA HOBLI,
CHIKKABALLAPUR TQ,
CHIKKABALLAPUR DISTRICT-562101.
...RESPONDENT
(BY SRI. S. NARENDRA, ADVOCATE)
-2-
NC: 2024:KHC:29819
CRP No. 507 of 2019
THIS CRP FILED UNDER SEC. 115 OF CPC., AGAINST
THE ORDER DATED 11.12.2019 PASSED IN EX.PETITION NO.
27/2017 ON THE FILE OF THE 2ND ADDITIONAL CIVIL JUDGE
AND JMFC., CHIKKABALLAPURA AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The judgment debtors are before this Court challenging the
order dated 11.12.2019, passed in Execution Petition No.27/2017
by the learned II Additional Civil Judge and JMFC,
Chikkaballapura. The order holds the petitioners, who are the
judgment debtors, liable to pay an amount as per the calculation
provided by the decree holder in their rejoinder.
2. The respondent had filed a suit, O.S. No.285/2012,
seeking the recovery of Rs.2,00,000/- along with interest at the rate
of 1.5% per annum, which was borrowed by the defendant in 2007
for the purchase of agricultural land. After evaluating the evidence
on record, the Trial Court decreed the suit, directing the petitioners
to pay Rs.2,00,000/- with interest at 1.5% per annum from the date
of filing the suit until realization.
3. The defendants did not satisfy the decree, prompting
the plaintiff to file an execution petition. In this execution petition,
the plaintiff submitted a calculation memo, reflecting a decretal
amount of Rs.3,87,500/-. The Execution Court accepted the
calculation memo filed by the respondent.
NC: 2024:KHC:29819
4. The arguments presented by the learned counsel for
both parties have been duly considered, and the trial court records
have been thoroughly reviewed.
5. In the plaint, the plaintiff clearly stated that the
defendant had borrowed Rs.2,00,000/-. The trial court directed the
defendants to pay Rs.2,00,000/- with interest at 1.5% per annum.
The plaintiff, in the calculation memo, claimed a decretal amount of
Rs.3,87,500/-, which included interest from the date of the suit until
realization, contrary to the decree, which restricted the claim to
Rs.2,00,000-/-.
6. The acceptance of the calculation memo and the
rejoinder filed by the respondent by the Trial Court is legally
unsustainable. Additionally, while the Trial Court should have
awarded interest at the rate of 6% per annum, it awarded interest
at a rate of 1.5% per annum, which is considerably lower.
Therefore, the defendants cannot be allowed to unjustly benefit
from the decree passed by the Trial Court. Accordingly, I pass the
following:
ORDER
i) The petition is allowed .
ii) The impugned order dated 11.12.2019 passed in
Ex.Petition No.27/2017 by the learned II Additional Civil Judge and
JMFC, Chikkaballapura, is hereby set aside.
NC: 2024:KHC:29819
iii) The petitioners - defendants are liable to pay a sum of
Rs.2,00,000/- with interest at the rate of 6% p.a. from the date of
filing of the suit till realization with cost.
iv) The plaintiff is at liberty to file a fresh memo of
calculation stating the decretal amount as Rs.2,00,000/- with
interest at the rate of 6% p.a. from the date of filing of the suit till
realization. The said calculation to be made after deducting a sum
of Rs.2,50,000/-, which is deposited by the petitioners before the
Trial Court.
v) The respondent is at liberty to withdraw the amount of
Rs.2,50,000/- deposited before this Court.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BKM
