Dismissed

The Management of Shri Basaveshwar Veerashaiva Vidyavardhak Sangha Regd v. Sadashiv S Kembavi

Karnataka HC29 Sept 2021WP/102708/2021

Case brief

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What is this about?

Petitioners challenged the trial court's dismissal of a memo seeking arrest warrants in the execution proceeding. The High Court held that since liability is pending determination in a connected writ petition, the execution petition cannot be closed but must proceed after that petition's disposal, directing petitioners to comply with Supreme Court orders meanwhile.

What did the court decide?

The writ petition is disposed of by modifying the impugned order; the Executing Court shall proceed after the disposal of the connected writ petition, subject to directions that petitioners comply wit

The Management of Shri Basaveshwar Veerashaiva… — Execution and Attachment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO.102708/2021 (GM-CPC)

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BETWEEN

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THE MANAGEMENT OF SHRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA (REGD) BAGALKOTE DISTRICT, BAGALKOTE-587102, REPRESENTED BY ITS CHAIRMAN.

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SHRI.BASAVESHWAR ENGINEERING COLLEGE S. NIJALINGAPPA VIDYANAGAR, BAGALKOTE-587102, REPRESENTED BY ITS PRINCIPAL.

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... PETITIONERS

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(BY SRI. S.B.HEBBALLI, ADVOCATE)

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AND

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SADASHIV S KEMBAVI AGE 47 YEARS, OCC NIL, R/O NO.49, 6^TH CROSS, VIDYAGIRI, BAGALKOTE-587102.

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... RESPONDENT

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(BY SMT. RAJASHREE S.HAVALDAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.07.2021 IN EX.P.NO.308/2019 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOT VIDE ANNEXURE-F AND FOR OTHER RELIEFS.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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This petition is directed against the impugned order dated 7.7.2021 passed in E.P.No.308/2019 passed by the Principal District Judge, Bagalkot, whereby the memo filed by the respondent-D.Hr was disposed by the trial Court (Executing Court).

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Heard learned counsel for the petitioners

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and learned counsel for the respondent. Perused the material on record.

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The material on record indicates that aforesaid execution proceedings have been instituted by the respondent-DHr against the petitioners-JDr’s to enforce implement judgment or order dated 19.6.2019 passed by the trial Court in EAT No.4/2015. In this context it is relevant to state that aggrieved by the said judgment and order passed by the Education Appellate Tribunal (EAT), Bagalkot, the

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petitioners-JDr’s have preferred connected writ petition in W.P.No.112521/2019 which is pending adjudication before this Court. In the said petition, proceedings related to interim prayer said for by the petitioner herein, the matter was carried up to the Hon’ble Supreme Court which has disposed off the said Special Leave Petition (SLP(c)) No.33933394/2020 vide final order dated 5.3.2021. The said final order dated 5.3.2021 passed by the apex Court in the said petition filed by the petitioners-JDr’s reads as under;

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Learned counsel for the petitioners states that he has obtained instructions and that apart from the 15 per cent of the amount already deposited with the Executing Court, the balance 85 per cent will also be deposited on the next date before the Executing Court which is stated to be towards the end of March, 2021. We would not like to retain these matters any further and thus, dispose of the petitions with the direction that once the amount is deposited, the respondent will get all the benefits subject to the final outcome in the

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proceedings still pending 2 before the High Court but shall not visit the institute. However, if the balance amount is not deposited, the variation of the impugned order(s) will stand recalled and the impugned order(s) will be complied with. The Special Leave Petitions are accordingly disposed of. Pending application stands disposed of.

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As can be seen from the aforesaid order, the apex Court has directed payment of the amounts said to be due to the respondent as directed in the said order. Under these circumstances, the respondent-DHr filed a memo dated 19.4.2021 before the trial Court (Executing Court) for issuance of arrest warrant as against the petitioners-JDr’s on the ground that the petitioners-JDr’s have not complied with the aforesaid order passed by the apex Court. The memo filed by the respondent having been opposed by the petitioners-JDr’s, the trial Court proceeded to passed the impugned order disposing off the said memo directing the petitioners-JDr’s to comply with the directions passed by the Apex Court

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in the afore said orders. So also, the request of the petitioners-JDr’s to close Execution Petition was rejected by the executing Court, aggrieved by which the petitioners are before the Court by way of present writ petition in W.P.No.102708/2021.

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The material on record indicates that the connected matter in W.P.No.112521/2019 filed by the petitioners-JDr’s against the judgment and order passed in EAT Appeal No.4/2015 is still pending adjudication before this Court. Further, there is a dispute with regard to the dues payable by the petitioners to the respondent as can be seen from the respective memos of calculations filed by the petitioners as well as the respondent. Under these circumstances, the issue with regard to the actual liability of the petitioner towards respondents will have to necessarily adjudicated and decided only in the said W.P.No.112521/2019, which is still pending adjudication before this Court. Accordingly, at this

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stage, the request made by the petitioners-JDr’s to close the execution petition cannot be accepted in view of the fact that any order to be passed in execution proceedings would be dependent on the final out come of W.P.No.112521/2019, which is still pending adjudication before this Court. Under these circumstances, leaving open all questions including the dispute with regard to the actual amount payable by the petitioners to the respondent as well as all other aspects of the matter to be decided by this Court in W.P.No.112521/2019, I deem it just and appropriate to dispose of this petition by modifying the impugned order passed by the trial Court (Executing Court) by issuing certain directions.

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In the result, I pass the following:

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ORDER

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i. Petition is hereby disposed off by modifying the impugned order dated 07.07.2021 passed by the trial Court

(Executing Court) in

E.P.No.308/2019.

ii. The trial Court (Executing Court) shall proceed further in the matter after disposal of W.P.No.112521/2019.

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iii. It is further directed that till disposal of W.P.No.112521/2019 by this Court, petitioners-JDr’s’s shall comply with the orders passed by the apex Court as stated supra.

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iv. Liberty is also reserved in favour of the parties to seek appropriate directions in W.P.No.112521/2019 pending before this Court.

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v. In view of the disposal of this petition, all pending applications do not survive and the interim order passed by this Court also stands dissolved.

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The Management of Shri Basaveshwar Veerashaiva Vidyavardhak Sangha Regd v. Sadashiv S Kembavi

Case brief

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The Management of Shri Basaveshwar Veerashaiva Vidyavardhak Sangha Regd v. Sadashiv S Kembavi

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