Karnataka High Court
Mr R Prasanna vs M/S Margadarshi Chits Karnataka Pvt Ltd on 3 November, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:44169
WP No. 17150 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 17150 OF 2024 (GM-CPC)
BETWEEN:
MR. R. PRASANNA
S/O RANGEGOWDA
AGED ABOUT 54 YEARS
NO 16, 2ND FLOOR, 1ST MAIN
PALACE GUTTAHALLI
BENGALURU - 560 003.
...PETITIONER
(BY SRI G.M. SHARATH KUMAR, ADV., FOR
SRI VASEEMUDDIN A, ADV.)
AND:
M/S MARGADARSHI CHITS
KARNATAKA PVT. LTD.
REPT BY ITS FOREMAN
NO 541, 2ND FLOOR, OPP CHURCH
CBI MAIN ROAD, HMT LAYOUT
Digitally signed
by NANDINI M R.T. NAGAR BRANCH
S R.T. NAGAR, BENGALURU - 560 032
Location: HIGH REGISTER UNDER KARNATAKA
COURT OF CHIT FUND ACT 1982.
KARNATAKA ...RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTION TO SET ASIDE
IMPUGNED ORDER DATED 14/06/2024 PASSED BY THE HONBLE
COURT OF XIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-28)
BENGALURU, IN EX. NO. 2453/2023 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
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WP No. 17150 of 2024
HC-KAR
ORAL ORDER
1. Judgment-debtor no.1 is before this Court in this writ
petition filed under Article 227 of the Constitution of India, with
a prayer to set aside the order dated 14.06.2024 passed in
Execution No.2453/2023 by the Court of XIV Addl. City Civil &
Sessions Judge, Bengaluru.
2. Heard the learned Counsel for the petitioner.
3. Respondent no.1 herein has filed Execution
No.2453/2023 for recovery of Rs.16,70,282/- against the
respondents who are judgment-debtors in proceedings bearing
Dispute No.DRB-1/CFS/97/2022-23 which was allowed by the
Deputy Registrar of Chits on 17.06.2023. In the said
proceedings, the Executing Court has issued attachment
warrant against the movables of the judgment-debtors.
Assailing the said order, judgment-debtor no.1 is before this
Court.
4. Learned Counsel for the petitioner submits that the
judgment-debtor is ready and willing to pay 50% of the
decreetal amount immediately and the balance would be paid if
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some time is granted. He submits that the order impugned has
caused untold hardship to the petitioner.
5. Perusal of the material on record would go to show that
the Executing Court on 20.01.2024 at the request of the
decree-holder has issued attachment warrant against the
movables of the judgment-debtors and the vide the order
impugned dated 14.06.2024, the said order is reiterated having
taken note of the fact that process fee has been paid by the
decree-holder.
6. From a perusal of the order sheet in Execution
No.2453/2023, it appears that order of issuing attachment
warrant against movables of the judgment-debtor is a
provisional order, and therefore, it is always open to the
judgment-debtors to file their statement and request the
Executing Court to raise the attachment.
7. Order XXI Rule 53 of CPC provides for adjudication of
claims or objections to attachment of property. A reading of the
said provision of law makes it very clear that whenever an
objection is raised to the attachment of any property sought to
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be attached in an execution proceedings, it is always open for
the judgment-debtor to bring to the notice of the court that
such property is not liable for attachment for the reasons put
forward by the judgment-debtor and in such an event, the
court shall proceed to adjudicate upon the claim/objection in
accordance with the provisions contained under Order XXI Rule
58 of CPC.
8. Undisputedly, the petitioner herein has not raised any
objection before the Executing Court seeking to raise the
attachment warrant issued against the movable property
belonging to him. Therefore, it is always open for the petitioner
to make a prayer as provided under Order XXI Rule 58 CPC,
and in such an event, the Trial Court shall consider the same on
merits and pass appropriate orders as provided under Order
XXI Rule 58 CPC. Petitioner is at liberty to raise such objection
by filing application before the Executing Court within a period
of four weeks from today and in the event such an application
is filed before the Executing Court, till the Executing Court
passes a final order with regard to attachment of movables of
the petitioner, no precipitative action shall be taken pursuant to
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the provisional order of attachment passed by the Executing
Court which is challenged in this petition.
9. With the above observations, this writ petition is disposed
of.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KK
