Karnataka High Court
T Ramali Swamy S/O H Hanumanthappa vs S Anil Kumar S/O Late S Pompanna on 21 October, 2024
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NC: 2024:KHC-D:15006
WP No. 106104 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.106104 OF 2024 (GM-CPC)
BETWEEN:
T. RAMALI SWAMY S/O. H. HANUMANTHAPPA,
AGE: 62 YEARS, OCC: AGRICULTURIST,
R/O: KANAVI THIMMALAPUR VILLAGE,
KAMPALI TALUK, BELLARY DISTRICT,
PIN - 583 101.
...PETITIONER
(BY SRI MANOJ N. BIKKANNAVAR, ADVOCATE)
AND:
S. ANIL KUMAR S/O. LATE S. POMPANNA,
AGE: 48 YEARS, OCC: AGRICULTURIST,
R/O: OLD 10TH WARD, SHEELAVANTHAR ONI
KAMPALI TALUK, BELLARY DISTRICT,
PIN - 583 101.
...RESPONDENT
Digitally signed
by SAROJA
HANGARAKI
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
Location: High
Court of CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE
Karnataka
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED
04.06.2024 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC,
HOSAPETE IN EX.NO.29/2021 VIDE ANNEXURE-F AND
CONSEQUENTLY QUASH THE EXECUTION PETITION IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR
PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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NC: 2024:KHC-D:15006
WP No. 106104 of 2024
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present writ petition is filed challenging the order
dated 04.06.2024 passed in Execution Case No.29/2021
by the learned Principal Civil Judge and JMFC, Hosapete1.
2. The learned counsel for the petitioner, Sri.
Manoj N Bikkannavar, assailing the order of the Executing
Court vehemently contends that the decree-holder had
earlier filed executing petition in E.P.No.17/2011, which
was dismissed for non-prosecution and subsequently, after
expiry of nearly 11 years, another execution petition in
E.P.No.29/2021 has been filed to execute the decree,
which was one for recovery of money. He further contends
that the said act of the decree-holder in filing the
subsequent execution petition at the fag end of limitation
period has caused irreparable injury to the petitioner since
the petitioner is now required to pay interest @ 24% per
Hereinafter referred to as "the Executing Court"
NC: 2024:KHC-D:15006
annum. The learned counsel for the petitioner further
contends that the petitioner, who is the judgment-debtor
before the Executing Court, is ready and willing to deposit
the amount due and payable with a reasonable amount of
interest.
3. The vehement contentions put forth by the
learned counsel for the petitioner are not liable to be
accepted in view of the admitted position that the
execution petition filed within the period of limitation of 12
years. Further, there was no impediment for the
judgment-debtor to pay the amount due and payable
under the decree even without the decree-holder filing an
execution petition.
4. The contention put forth by the learned counsel
for the petitioner that the interest awarded @ 24% per
annum is excessive is also not liable to be considered as
admittedly the petitioner-judgment debtor has not
challenged the decree.
NC: 2024:KHC-D:15006
5. Although the learned counsel for the petitioner
vehemently pleads for indulgence by this Court to enable
the petitioner to pay the amounts due, the same is not
liable to be accepted and it shall be open for the petitioner
to plead before the Executing Court for indulgence of time
in paying the amounts due. With there observation, the
writ petition is disposed off.
Sd/-
(C.M. POONACHA)
JUDGE
YAN
CT-ASC
