Karnataka High Court
Mahesh vs Smt.N.G.Rekha on 4 March, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 6885 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION N. 6885 OF 2023 (GM-CPC)
BETWEEN:
1. MAHESH
S/O THAMMANNA
AGED ABOUT 42 YEARS
2. SMT. NAGAVENI
W/O MAHESH
AGED ABOUT 32 YEARS.
BOTH ARE RESIDENT OF
RIGHT SIDE OF HASSAN ROAD,
1ST CROSS, CHURCH ROAD,
ARASIKERE TOWN
HASSAN DISTRICT - 573 103.
...PETITIONERS
(BY SRI. GANGADHARAPPA A V, ADVOCATE)
AND:
1. SMT.N.G.REKHA
W/O NAGARAJ K M
Digitally signed by AGED ABOUT 36 YEARS
LAKSHMINARAYANA
MURTHY RAJASHRI RESIDENT OF RIGHT SIDE OF HASSAN ROAD
Location: HIGH 1ST CROSS, ARASIKERE TOWN
COURT OF
KARNATAKA HASSAN DISTRICT - 573 103.
2. NAGABHUSHAN
S/O VEERABHADRAPPA
AGED ABOUT 34 YEARS
RESIDENT OF DODDA KUNNALA VILLAGE
KADABA HOBLI, GUBBI TALUK
TUMKUR DISTRICT - 572 216.
...RESPONDENTS
(BY SRI N R NAIK, ADVOCATE FOR R1 AND R2)
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NC: 2024:KHC:8926
WP No. 6885 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSITITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
16.02.2023 PASSED BY THE COURT OF THE PRINCIPAL CIVIL JUDGE
AND JMFC AT ARASIKERE IN EX.No.25/2021 ON IA NO.I FILED BY THE
RESPONDENTS CERTIFIED COPY OF WHICH IS PRODUCED AS
ANNEXURE-H AND BE PLEASED TO REJECT I.A.NO.I FILED BY
RESPONDENTS UNDER ORDER 21 RULE 54 OF CPC IN EX. NO. 25/2021
CERTIFIED COPY OF WHICH IS PRODUCED AS ANNEXURE-E.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
1. This petition by the judgment debtors in execution No.
25/2021 on the file the of Principal Civil Judge and JMFC, Arsikere,
is directed against the impugned order dated 16.02.2023 whereby
the application I.A. No.1 filed by the respondent - decreeholders
seeking attachment of the petition schedule property was allowed
by the executing Court.
2. A perusal of the material on record would indicate that
the respondent decree-holder instituted the aforesaid execution
proceedings seeking to implement and enforce the compromise
decree dated 12.04.2019 passed by the trial Court. During the
pendency of the execution proceedings, the respondent decree-
holder filed the instant application, I.A. No. 1 under Order XXI Rule
54 CPC seeking attachment of the petition schedule property. The
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said application was contested by the petitioners judgment debtors
on various grounds including specific contention that the trial Court
which passed the compromise decree as well as the executing
Court did not have the pecuniary jurisdiction to entertain and
adjudicate upon the proceedings. After hearing the parties, the trial
Court proceed to pass the impugned order allowing I.A. No. 1,
aggrieved by which the petitioner is before this Court by way of the
present petition.
3. A perusal of the material on record would indicate that
there are several contentions, issues etc., including the question of
pecuniary jurisdiction which arise for consideration in the execution
proceeding which would necessarily have to be decided only after
enquiry to be conducted by the executing Court as contemplated
under section 47 of CPC. Under these circumstances, without
expressing any opinion on the merits/demerits of the rival
contentions, I deem it just and appropriate to set aside the
impugned order and direct the executing Court to decide the
execution proceedings on merits in terms of Section 47 CPC after
conducting necessary enquiry in this regard. All rival contentions on
all aspects of the matter are kept open and no opinion is expressed
on the same. Liberty is reserved in favour of the parties to put forth
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all contentions and adduce oral and documentary evidence in
support of their respective case.
Sd/-
JUDGE
LRS
