The petitioner requested more time to pay a decree without enforcement. The Hon'ble Court refused to grant time or direct non-enforcement, stating that it is for the respondents (executing agency) to show compassion and consider the plea.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 3RD DAY OF MARCH 2017
BEFORE
THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY
Writ Petition No.103717 of 2014 (GM-CPC)
Between:
Ms Meenaxi Naik, Aged about 42 years, Wife of Mr Suresh Naik, Proprietor: M/S. Vishwaraj General Stores, Near KPTCL, Ankola, District: Uttar Kannada.
… Petitioner
(By Shri Harish S Naik, Advocate)
And:
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Madanger, BALALE, Taluk: Ankola, District: Uttara Kannada.
… Respondents
(By Shri K.L Patil, Advocate respondent No.1. Respondents No.2, 3 are served.)
This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 7th FEB 2014, as per Annexure-B, in Ex.Petition No.77/2006 on the file of the Civil Judge (Senior Division) and Principal JMFC Court, Kumta, attaching immovable properties of the judgment debtors, it being in violation of the provisions of the Code of Civil Procedure.
This Writ Petition coming on for preliminary hearing in ‘B’ group, this day, the court made the following:
ORDER
The learned counsel for the petitioner states that he has no instructions from the petitioner but however, admits that the petitioner has defaulted in satisfying the decree and that an execution having been taken out, he claims that mercy be shown and the petitioner be granted some reasonable time to make the payment and in the meanwhile to direct the respondents not to take coercive steps. Such a request cannot be considered. It is, however, for the respondents to show mercy and compassion and afford time, if the petitioner is capable of making payment in the
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near future. It is up to the respondents to consider the case of the
petitioner.
With that observation, the petition stands disposed of.
Sd/-
JUDGE
kmv
Ms Meenaxi Naik
State Bank of India
Mr. Suresh Naik
Ms Maniprabha N Naik
Anand Byrareddy
As recorded by the court registry
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