Karnataka High Court
Smt H P Vanajakshi vs The Chief Executive Officer on 6 March, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:9353
WP No. 4000 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 4000 OF 2024 (GM-CPC)
BETWEEN:
1. SMT H P VANAJAKSHI
W/O LATE A S ESHWARE GOWDA,
AGED ABOUT 60 YEARS,
R/AT HOSAHALLI,
AVATHI VILLAGE AND POST,
CHIKKAMAGALORE TALUK AND DISTRICT-577 101.
2. MR A E PRUTHVIS
S/O LATE A S ESHWARE GOWDA
AGED ABOUT 27 YEARS,
R/AT HOSAHALLI,
AVATHI VILLAGE AND POST,
CHIKKAMAGALORE TALUK AND DISTRICT-577 101.
3. SMT VEDHA
W/O LATE A S RAGHU,
AGED ABOUT 54 YEARS,
Digitally signed by
R/AT HOSAHALLI,
VANDANA S AVATHI VILLAGE AND POST,
Location: High Court
of Karnataka CHIKKAMAGALORE TALUK AND DISTRICT-577 101.
4. SRI A R CHIRANJEEVI
S/O LATE A S RAGHU,
AGED ABOUT 23 YEARS,
R/AT HOSAHALLI,
AVATHI VILLAGE AND POST,
CHIKKAMAGALORE TALUK AND DISTRICT-577 101.
...PETITIONERS
(BY SRI. G. BALAKRISHNA SHASTRY., ADVOCATE FOR
SRI. DHARMAPAL.,ADVOCATE)
-2-
NC: 2024:KHC:9353
WP No. 4000 of 2024
AND:
1. THE CHIEF EXECUTIVE OFFICER
PRIMARY AGRICULTURE CO OPERATIVE SOCEITY LTD,
AVATHI, CHAIKMAGALORE
TQ AND DISTRICT-577101
REPT BY ITS CEO K. B NAGARAJ,
S/O BEEME GOWDA,
AGED ABOUT 58 YEARS.
2. SRI A S KRISHNE GOWDA EX SECRETARY
S/O LATE SIDDE GOWDA,
AGED ABOUT 67 YEARS,
R/AT AVATHI VILLAGE AND POST,
CHIKAMAGALORE TALUK AND
CHIKAMAGALORE DISTRICT-577 101.
3. SMT H S JAYANTHI
W/O A S KRISHE GOWDA,
AGED ABOUT 60 YEARS,
R/AT AVATHI VILLAGE AND POST,
CHIKAMAGALORE TALUK AND
CHIKAMAGALORE DISTRICT-577 101.
4. SRI ABINANDAN
S/O A S KRISHNE GOWDA,
AGED ABOUT 29 YEARS,
R/AT AVATHI VILLAGE AND POST,
CHIKAMAGALORE TALUK AND
CHIKAMAGALORE DISTRICT-577 101.
5. SRI A U MAHENDRA ALIAS A.U MAHENDRA GOWDA
AGED ABOUT 65 YEARS,
R/AT AVATHI VILLAGE AND POST,
CHIKAMAGALORE TALUK AND
CHIKAMAGALORE DISTRICT-577 101.
6. SRI A U POORNESH
S/O H R NAGAPPA GOWDA,
MAJOR, R/AT AVATHI VILLAGE AND POST,
CHIKAMAGALORE TALUK AND
CHIKAMAGALORE DISTRICT-577 101
...RESPONDENTS
(BY SRI.B.E. SHREEDHAR., ADVOCATE FOR C/R-1
NOTICE TO R-5 & R-6 ARE D/W VIDE ORDER DATED: 08.02.2024)
-3-
NC: 2024:KHC:9353
WP No. 4000 of 2024
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DTD 16.12.23 FOR HAVING REJECTED THE IA NO. 2 FILED BY THE
1ST PETITIONER UNDER SECTION 47 OF C.P.C PASSED BY THE
LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC, AT
CHIKAMAGALUR ISSUING THE SALE PROCLAMATION ORDER DTD
21.12.2013 IN EX. NO. 109/2021, WHICH IS THE COPY PRODUCED
AT ANNEXURE-K.
THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition by the legal representatives of deceased
judgment debtor Nos.4 and 5 in Ex.No.109/2021 on the file of the II
Addl. Senior Civil Judge and JMFC, Chikamagalur is directed
against the impugned order dated 16.12.2023 whereby the
application I.A.No.2 filed by the petitioners under Section 47, CPC
was rejected by the Executing Court which proceeded to issue sale
proclamation on 21.12.2023 which is also assailed in the present
petition.
2. Heard learned counsel for the petitioners and learned
counsel for the respondents and perused the material on record.
NC: 2024:KHC:9353
3. A perusal of the material on record will indicate that the
first respondent No.1-Bank obtained award against respondent
No.2 - A.S.Krishne Gowda who is the husband of respondent No.3
on 08.11.2021. The said award obtained by the respondent No.1-
Bank against Krishne Gowda was put into the instant execution
proceedings in which the petitioners who are the wife and children
of Krishne Gowda's brothers, late A.S.Eshware Gowda and late
A.S.Raghu were arrayed as the legal representatives of Judgment
Debtor Nos.4 and 5. In the said execution proceedings, apart from
the properties that fell to the share of Krishne Gowda and his
children in the registered partition deed dated 26.09.2000, the
properties that fell to the share of Eshware Gowda ('C' schedule
properties) and Raghu ('D' schedule properties) were also included
in the execution proceedings and the same is sought to be brought
to the public auction by the respondent No.1-Bank-decree holder.
It is the grievance of the petitioners that much prior to passing the
impugned award by the ARCS, the C schedule properties and D
schedule properties had already been allotted to the share of
Eshware Gowda and Raghu which could not have been made
subject matter of execution proceedings, much less brought to sale
by the Executing Court and consequently the impugned order
NC: 2024:KHC:9353
passed by the Trial Court rejecting I.A.No.2 and bringing the
properties of petitioners also to sale deserves to be set aside.
4. Per contra, learned counsel for the respondent No.1-
Bank on instructions submits that the respondent No.1-Bank would
proceed only/solely against the properties allotted to Krishne
Gowda and his children which are described as A schedule and B
schedule properties in the registered partition Deed dated
26.09.2000 and not against the 'C' & 'D' schedule properties
allotted to the share of Eshware Gowda & Raghu.
5. In view of the aforesaid facts and circumstances and
submissions made by both sides, I deem it just and appropriate to
set aside the impugned orders and direct the executing Court to
proceed only against the properties allotted to the share of Krishne
Gowda and his children described as A schedule properties and B
schedule properties in the registered partition Deed dated
26.09.2000. It is further directed that the respondent No.1-Bank
shall not be entitled to proceed against the properties of the
petitioners which were allotted to the share of Eshware Gowda and
Raghu and described as C schedule properties and D schedule
properties to the partition Deed dated 26.09.2000.
NC: 2024:KHC:9353
6. Subject to the aforesaid modification to the impugned
order and directions, the petition stands disposed of.
SD/-
JUDGE
DHA
