Karnataka High Court
Sri. R Narayanaswamy vs Sri. A V Narayanaswamy on 12 November, 2024
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NC: 2024:KHC:46022
WP No. 3121 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 3121 OF 2022 (GM-CPC)
BETWEEN:
SRI. R. NARAYANASWAMY
S/O ALAVATA RAMAPPA
AGED ABOUT 50 YEARS,
R/AT ANOOR VILLAGE,
KASABA HOBLI,
CHINTAMANI TALUK,
CHIKKABALLAPURA DISTRICT.
...PETITIONER
(BY SMT. VAIBHAVI BHAT, ADVOCATE FOR
SRI. K.S. NARAYANA SWAMY, ADVOCATE)
AND:
SRI. A.V. NARAYANASWAMY
S/O LATE VENKATAPPA
AGED ABOUT 72 YEARS,
R/AT ANOOR VILLAGE,
KASABA HOBLI,
Digitally signed
by CHINTAMANI TALUK,
MARKONAHALLI
RAMU PRIYA CHIKKABALLAPURA DISTRICT-563102.
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA (BY MS. URMILA PULLAT, ADVOCATE FOR
SRI. JAGADEESHA B.N., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS
IN EX CASE NO.30/2019 ON THE FILE OF THE ADDL CIVIL JUDGE
AND JMFC AT CHINTAMANI VIDE ANNEXURE-A AND QUASH/SET
ASIDE THE ORDER DATED 21.12.2021 IN EX.CASE NO.30/2019
PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC AT
CHINTAMANI VIDE ANNEXURE-H.
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NC: 2024:KHC:46022
WP No. 3121 of 2022
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The judgment debtor in Ex.Case No.30/2019 pending on
the file of the Additional Civil Judge and JMFC, Chintamani
(executing Court) has challenged an order dated 21.12.2021 by
which, a warrant was issued to attach the movable properties.
2. The parties shall henceforth be referred to as they
were arrayed before the executing Court. The petitioner herein
was the judgment debtor, while the respondent was the decree
holder before the executing Court.
3. The decree holder filed Ex.Case No.30/2019 to
enforce a decree dated 22.06.2016 passed in O.S.No.218/2009
to recover Rs.4,97,620/- which comprised of principal of
Rs.1,50,000/-, interest of Rs.3,28,500/-, cost of Rs.13,633/-
and execution cost of Rs.500/- and advocates fee of Rs.4,987/-.
4. The judgment debtor filed objections to the
execution petition requesting the executing Court to grant
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reasonable time to pay the decreetal amount in easy quarterly
installment of Rs.50,000/-.
5. Later after an elaborate proceeding, the executing
Court rejected the memo of calculation filed by the decree
holder. An application was filed by the decree holder under
Order XXI Rule 43 of the Code of Civil Procedure, 1908 for
attachment of movables of the judgment debtor, which was
allowed by the executing Court by order dated 21.08.2021.
Later, on the request of the judgment debtor, the order issuing
warrant of attachment of movables was recalled subject to
petitioner depositing Rs.50,000/-. Later another order was
passed on 21.12.2021 issuing warrant for attachment of
movables of the judgment debtor.
6. Being aggrieved by the said order, this writ petition
is filed by the judgment debtor.
7. When this writ petition was listed before this Court,
the learned counsel for the judgment debtor submitted that the
judgment debtor would be willing to deposit the amount that
may be determined by the Registry of this Court. Therefore,
this Court passed an order dated 30.10.2024 as follows:-
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"The Accounts-1 section of the Registry is
directed to calculate the amount payable by the
judgment debtor in Ex.Case No.30/2019 based on
the payments made which are mentioned in the
order sheet/s in Ex.Case No.30/2019 at Annexure
'H' to the petition."
8. As per the aforesaid order, the Registry has
calculated the amount payable by the petitioner at a sum of
Rs.4,76,489/- after giving deduction to the amounts paid by
the judgment debtor.
9. The learned counsel for the decree holder submits
that in addition to this, a sum of Rs.13,633/- cost awarded by
the Trial Court ought to have been included.
10. At this stage, the learned counsel for the judgment
debtor submits that a sum of Rs.60,000/- deposited before the
executing Court is not deducted.
11. In that view of the matter, this writ petition is
disposed off, deducting Rs.60,000/- and adding a sum of
Rs.13,633/- being the cost, the total amount payable by the
judgment debtor would be a sum of Rs.4,30,122/- (Rupees
Four Lakhs Thirty Thousand One Hundred and Twenty Two
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only). The judgment debtor shall deposit the same before the
executing Court within a period of one month from today,
failing which, the executing Court shall execute the decree and
recover the decreetal amount in accordance with law.
12. In view of disposal of the writ petition, pending
I.As., if any, do not survive for consideration and the same
stand disposed off.
Sd/-
(R. NATARAJ)
JUDGE
PMR
