Sri Pandu Kumble vs Sri Mohan K
2024 Latest Caselaw 12831 Kant

Karnataka High Court

Sri Pandu Kumble vs Sri Mohan K on 7 June, 2024

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                                                     NC: 2024:KHC:20002
                                                 WP No. 12022 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 7TH DAY OF JUNE, 2024

                                      BEFORE
                          THE HON'BLE MR JUSTICE M.I.ARUN
                      WRIT PETITION NO. 12022 OF 2024 (GM-CPC)
               BETWEEN:

               SRI. PANDU KUMBLE,
               SURYANARAYANA,
               S/O LATE K.S. SURYANARAYANA,
               AGED ABOUT 70 YEARS,
               R/AT FLAT NO. 14072,
               PRESTIGE WELLINGTON PARK,
               GANGAMMA CIRCLE, JALAHALLI,
               BANGALORE - 560 013.
                                                          ...PETITIONER
               (BY SRI. K.N. NITISH, ADVOCATE AND
                   SRI. K.V. NARASIMHAN, ADVOCATE)

               AND:

               SRI. MOHAN K,
Digitally
signed by V    S/O LATE S. KRISHNAPPA,
MANJUSHA       AGED ABOUT YEARS,
BAI
               FLAT NO. 2014,
Location:
High Court     PRESTIGE WELLINGTON PARK,
of Karnataka   GANGAMMA CIRCLE, JALAHALLI,
               BANGALORE - 560 013.

               ALSO AT: MANJUNATHA ASSOCIATES,
               NO. 344, 6TH 'B' CROSS,
               TRIVENI RAOD, YESHWANTHPUR,
               BANGALORE - 560 022.

               ALSO AT: MANJUNATHA ASSOCIATES,
               NO. 344, 6TH 'B' CROSS,
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                                               NC: 2024:KHC:20002
                                            WP No. 12022 of 2024




TRIVENI RAOD, YESHWANTHPUR,
BANGALORE - 560 022.

ALSO AT NO: NO.54, 2ND MAIN ROAD,
MUTHYALANAGAR, BANGALORE - 560 054.
                                                    ...RESPONDENT
      THIS   WP   IS    FILED    UNDER   ARTICLE    227    OF      THE
CONSTITUTION OF INDIA            PRAYING TO      SET     ASIDE     THE
IMPUGNED ORDER DATED 08.04.24 PASSED IN OS NO.
2591/24 ON THE FILE OF XXIV ADDL CITY CIVIL JUDGE,
BANGALORE AT ANNEXURE-D AND ETC.,

      THIS   PETITION,     COMING        ON   FOR      PRELIMINARY

HEARING, THIS DAY THROUGH VIDEO CONFERENCING /

PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:

                                ORDER

1. After arguing the matter for some time, the learned

counsel for the petitioner submitted that the trial Court

may be directed to consider I.A.No.1 filed in

O.S.No.2591/2024 for attachment before judgment as

expeditiously as possible. The submission of the petitioner

is placed on record.

2. The case of the petitioner is that the respondent,

owes certain amounts to the petitioner and he has filed a

NC: 2024:KHC:20002

suit for recovery of money. In the said suit, he has also

filed an application for attachment before the judgment.

The petitioner is required to prima facie establish the case

that is required for passing appropriate orders in the said

Interlocutory Application. The trial Court is of the opinion

that the notice to the other side is essential before passing

any orders and has ordered notice on the Interlocutory

Application as well as the original suit filed by the

petitioner herein. However, it is needless to state that

once an application for attachment before the judgment is

made, it is incumbent on the trial Court to pass

appropriate orders in accordance with law as expeditiously

as possible and under the present facts and circumstances

of the case, immediately after due service of notice to the

concerned defendants. Hence, the following:

ORDER

The Writ Petition is hereby disposed off

with a direction to the trial Court to dispose

of I.A.No.1 in O.S.No.2591/2024 as

NC: 2024:KHC:20002

expeditiously as possible after due service

of notice to the defendant therein.

Sd/-

JUDGE

CH

CT: BHK