N Suresha vs Yogesh
2024 Latest Caselaw 19018 Kant

Karnataka High Court

N Suresha vs Yogesh on 30 July, 2024

Author: R Devdas

Bench: R Devdas

                                         -1-
                                                     NC: 2024:KHC:29947
                                                 WP No. 20075 of 2024




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 30TH DAY OF JULY, 2024

                                      BEFORE
                        THE HON'BLE MR JUSTICE R DEVDAS
                    WRIT PETITION NO. 20075 OF 2024 (GM-CPC)
             BETWEEN:

             1.    N. SURESHA,
                   S/O LATE C. NANJUNDAIAH,
                   AGED ABOUT 54 YEARS,

             2.    SRIKANTAIAH,
                   S/O LATE C. NANJUNDAIAH,
                   AGED ABOUT 50 YEARS

                   BOTH ARE R/O ABALAVADI VILLAGE,
                   KOPPA HOBLI, MADDUR TALUK,
                   MANDYA DISTRICT - 571 425.
                                                         ...PETITIONERS
             (BY SRI. RAGHAVENDRA GOWDA K, ADVOCATE)
Digitally signed
by JUANITA       AND:
THEJESWINI
Location: HIGH      YOGESH,
COURT OF
KARNATAKA           S/O ERAPNA THIMMEGOWDA,
                   AGED ABOUT 44 YEARS,
                   R/O ABALAVADI VILLAGE,
                   KOPPA HOBLI, MADDUR TALUK,
                   MANDYA DISTRICT - 571 425.
                                                         ...RESPONDENT
                    THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
             CONSTITUTION OF INDIA R/W SECTION 151 OF CPC PRAYING
             TO SET ASIDE THE ORDER PASSED ON I.A. UNDER ORDER 26
                                    -2-
                                                NC: 2024:KHC:29947
                                             WP No. 20075 of 2024




RULE 10(B) R/W SEC 151 OF CPC IN E.X.NO. 162/2019 DATED
30.07.2022 PASSED BY THE PRL. CIVIL JUDGE AND JMFC,
MADDUR VIDE ANNX-F AND ETC.,

        THIS   PETITION,     COMING      ON     FOR     PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MR JUSTICE R DEVDAS


                           ORAL ORDER

The petitioners are judgment debtors in terms of the

compromise decree filed before the trial Court in

O.S.No.476/2017. The judgment and decree were passed on

22.03.2019. In terms of the compromise decree, the petitioners

herein undertook to pay a sum of Rs.2,30,000/- to the

respondents herein on or before 09.06.2019. When the

petitioners failed to pay the said amount, the decree holder

filed an execution case in No.162/2019.

2. Learned counsel for the petitioners submits that the

petitioners is ready with a bankers cheque of Rs.2 Lakhs drawn

on HDFC Bank dated 23.07.2024. Learned counsel would

therefore submit that necessary directions may be issued to the

Executing Court to collect the said demand draft and tender it

NC: 2024:KHC:29947

to the decree holder. The petitioners are also prepared to pay

the balance amount of Rs.30,000/- within a period of one week

from today.

3. Consequently, the Executing Court, namely, the Prl.

Civil Judge and JMFC, Maddur, is directed to receive the

bankers cheque at the hands of the judgment debtor and

tender it to the decree holder and permit the judgment debtor

to pay the balance amount of Rs.30,000/- within a period of

one week from today.

4. Needless to observe that the Executing Court shall

not take any coercive measures against the judgment debtor

having regard to the facts narrated hereinabove.

Accordingly, the writ petition stands disposed of.

Sd/-

(R DEVDAS) JUDGE

rv

CT: BHK