Karnataka High Court
Sri. Srinivas vs Sri. R. Venkatesh on 9 January, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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WP No. 9388 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 9388 OF 2023 (GM-CPC)
BETWEEN:
1. SRI. SRINIVAS
SON OF LATE THAMMAIAH
AGED ABOUT 50 YEARS
RESIDING AT YAMALUR VILLAGE
HAL POST, BENGALURU - 560037
2. SRI. PARAMESH. T
SON OF LATE THAMMAIAH
AGED ABOUT 38 YEARS
R/AT NO.233, 6TH CROSS
BHUVANESHWARI COLONY
MARATHAHALLI POST, YAMLUR
BANGALORE-560037.
3. SRI. GANESH
SON OF LATE THAMMAIAH
AGED ABOUT 36 YEARS
Digitally signed by
HEMALATHA A RESIDING AT YAMALUR VILLAGE
Location: HIGH HAL POST, BENGALURU - 560037
COURT OF
KARNATAKA
4. SMT. BHAGYAMMA
DAUGHTER OF LATE THAMMAIAH
AGED ABOUT 54 YEARS
RESIDING AT YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
5. SMT. AKKAYAMMA
DAUGHTER OF LATE THAMMAIAH
AGED ABOUT 70 YEARS
RESIDING AT YAMALUR VILLAGE
HAL POST, BENGALURU - 560037
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WP No. 9388 of 2023
...PETITIONERS
(BY SMT. CHANDANA G., ADVOCATE FOR
SRI. P FREUD RICHARDSON.,ADVOCATE)
AND:
1. SRI. R. VENKATESH
SON OF LATE R. RAMAIAH
AGED ABOUT 72 YEARS
RESIDING AT NO.98
2ND MAIN, 4TH CROSS
YEMALUR, BENGALURU-560037.
2. SRI. CHINNAPPA
SON OF LATE THAMMAIAH
AGED ABOUT 52 YEARS
RESIDING AT YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
3. SRI. VENKATESH
SON OF LATE THAMMAIAH
AGED ABOUT 48 YEARS
RESIDING AT YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
4. SMT. ACHAMMA
DAUGHTER OF LATE THAMMAIAH
AGED ABOUT 41 YEARS
RESIDING AT YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
5. SRI. NANJUNDAPPA
SON OF VENKATAPPA
AGED ABOUT 84 YEARS
RESIDING AT YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
6. SMT. NAGARATHNAMMA
WIFE OF K S RANGANNA
AGED ABOUT 81 YEARS
RESIDING AT KARIYAMMANA
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WP No. 9388 of 2023
AGRAHARA YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
7. SMT. SHAMANNA
SON OF K S RANGANNA
AGED ABOUT 58 YEARS
RESIDING AT KARIYAMMANA
AGRAHARA YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
8. SRI. NAGARAJ
SON OF K S RANGANNA
AGED ABOUT 56 YEARS
RESIDING AT KARIYAMMANA
AGRAHARA YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
9. SRI. MANJUNATH
SON OF K S RANGANNA
AGED ABOUT 50 YEARS
RESIDING AT KARIYAMMANA
AGRAHARA YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
10. SMT. GUNDAMMA
DAUGHTER OF LATE K S RANGANNA
AGED ABOUT 62 YEARS
SRIVALLI 101 5TH CROSS
TANVEER COLONY, 2ND STAGE
KACHARAKANAHALLI BANGALORE - 560070.
11. SMT. MANJULA @ MANGALA GOWRAMMA
DAUGHTER OF LATE K S RANGANNA
AGED ABOUT 58 YEARS
KANNAMMANA AGRAHARA
BELANDUR POST BANGALORE- 560037
12. SRI. RAMAKRISHNAPPA
SON OF KEMPANNA
AGED ABOUT 68 YEARS
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WP No. 9388 of 2023
MERCHANT YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
13. SMT. HALAMMA
WIFE OF MALLAPPA
AGED ABOUT 74 YEARS
RESIDING AT 55 (1) YAMALUR POST
YAMALUR VILLAGE, HAL POS
BENGALURU - 560037.
14. SRI. M. SURESH
SON OF MALLAPPA
AGED ABOUT 50 YEARS
RESIDING AT 55 (1) YAMALUR POST
YAMALUR VILLAGE, HAL POST
BENGALURU - 560037.
15. SRI. BYRAPPA
SON OF MALLAPPA
AGED ABOUT 48 YEARS
RESIDING AT 55 (1) YAMALUR POST
YAMALUR VILLAGE, HAL POST
BENGALURU - 560037.
16. SMT. VIJAYALAKSHMI
WIFE OF NANJUNDAPPA
AGED ABOUT 73 YEARS
RESIDING AT YAMALUR VILLAGE
HAL POST, BENGALURU - 560037.
17. SMT. KATAMMA
WIFE OF MUNISWAMAPPA
AGED ABOUT 72 YEARS
RESIDING AT MARATHAHALLI
GUTA, BENGALURU - 560037.
18. SRI. CHANDRAPPA
SON OF MUNISWAMAPPA
AGED ABOUT 78 YEARS
RESIDING AT MARATHAHALLI
GUTA BENGALURU - 560037.
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19. SMT. VARAMMA
DAUGHTER OF MUNISWAMAPPA
AGED ABOUT 63 YEARS
RESIDING AT KANAKANAHALLI VILLAGE
NARASAPUR POST KOALR TALUK
KOLAR DISTRICT - 563133.
20. SMT. ALUMELAMMA
DAUGHTER OF VENAKTASWAMAPPA
WIFE OF NAGAPPA
AGED ABOUT 64 YEARS
RESIDING AT YAMALUR
YAMALUR HAL POST
BENGALURU - 560037.
21. SRI. YERAPPA
SON OF BOMMAIAH
AGED ABOUT 78 YEARS
RESIDING AT YAMALUR POST
BENGALURU - 560037.
22. SMT. RAMAKKA
WIFE OF MUNIYAPPA
AGED ABOUT 68 YEARS
RESIDING AT YAMALUR POST
YAMALUR VILLAGE (P)
BENGALURU - 560037.
23. SRI. G. LAKSHMAIAH
SON OF R GOVINDAPPA
AGED ABOUT 78 YEARS
RESIDING AT YAMALUR
YAMALUR POST BENGALURU - 560037.
24. SMT. SHARADAMMA
AGED ABOUT 68 YEARS
D/OF BYADARAHALLI MUNISWAMAPPA
RESIDING AT YAMALUR
YAMALUR POST BENGALURU - 560037
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WP No. 9388 of 2023
...RESPONDENTS
(BY SRI. SUMANA NAGANAND.,SENIOR COUNSEL FOR
SMT. SUMANA NAGANANDA, ADVOCATE FOR R1:
NOTICE TO R2 TO R24 ARE DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 ON
INIDA PRAYING TOSET ASIDE THE IMPUGNED ORDER DATED:
21.04.2023 PASSED BY THE XVII ADDL. CITY CIVIL AND
SESSIONS JUDGE BENGALURU WHEREBY ALLOWED THE IA
NO.09 FILED UNDER ORDER VI RULE 17 OF THE CPC IN
EXECUTION PETITION NO.2660/2015(ANNEXURE -A) ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. This writ petition is filed by the petitioners/Judgment
Debtors under Article 227 of the Constitution of India,
challenging the order dated 21.04.2023 passed by the
XVII Additional City Civil and Sessions Judge, Bengaluru
on I.A.No.09 filed under Order VI, Rule 17 read with
Section 151 of the CPC in Ex.P.No.2660/2015, whereby
the trial Court allowed the said application.
2. Learned counsel for the parties submitted that in
similar circumstances, this Court in W.P.No.9408/2023,
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disposed of on 06.02.2024, held in paragraph Nos.5 and 6
as follows:
"5. Insofar as the contention of the petitioners - judgment
debtors that the claim of the respondent-decree holder in
respect of the additional / amended properties sought to be
added in the execution proceedings is barred by limitation is
concerned, the interest of the petitioners can be adequately
safeguarded by directing that the amendment shall not relate
back to the date of filing the execution proceedings but shall
be reckoned / considered from the date of filing the
amendment application as held by the Apex court in case of
Sampath Kumar v Ayyakannu and Ors. - AIR 2002 SC
3369 and L.C. Hanumanthappa v H.B. Shivakumar -
(2016) 1 SCC 332.
6. Insofar as the contention of the petitioners judgment
debtors that they are not parties to the compromise decree
passed in FDP.No.129/2009 dated 13.02.2014 is concerned,
even this aspect would necessarily have to be decided by
the executing court after providing sufficient and reasonable
opportunity to both sides and by keeping question/issue
open, to be decided by the executing Court. Under these
circumstances, I deem it just and appropriate to modify the
impugned order and issue certain directions to the executing
Court."
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3. In view of the above, the claim of the decree holders
in respect of additional/amended properties sought to be
added in the execution proceedings is barred by limitation
is concerned, the interest of the petitioners can be
adequately safeguarded by directing that the amendment
shall not be relate back to the date of the filing the
execution proceedings but shall be considered from the
date of filing amendment application.
4. Accordingly, I pass the following order:
ORDER
a) The writ petition is disposed of.
b) Impugned order dated 21.04.2023 passed by the
XVII Additional City Civil and Sessions Judge,
Bengaluru on I.A.No.09 filed under Order VI, Rule
17 read with Section 151 of the CPC in
Ex.P.No.2660/2015, is hereby modified.
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c) I.A.No.09 filed by the decree holders is allowed
subject to the condition of the proposed
amendment shall not relate back to the date of
execution petition but shall be reckoned /
considered from the date of the amendment
application.
d) All rival contentions between the parties including
the maintainability of the execution proceedings as
against the petitioners as well as the question of
limitation in relation to all the execution schedule
properties are kept open and no opinion is
expressed on the same.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
