Dismissed

Smt Umadevi S v. Manmal Lunia

Karnataka HC30 Nov 2021WP/15541/2021

Case brief

AI extract

What is this about?

The writ petition challenging the initiation of execution proceedings on a compromise decree was dismissed. The Court held that since the validity of the decree is being contested in the main suit via a pending Order XXIII Rule 3A application, the petitioners must seek relief in that suit, not before this Court.

What did the court decide?

The writ petition stands dismissed with liberty to parties to proceed with their respective claims in the suit.

Smt Umadevi S Vs Manmal Lunia — Execution and Attachment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF NOVEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.15541/2021 (GM-CPC)

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BETWEEN :

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SMT UMADEVI S W/O NARASIMHA MURTHY, D/O LATE R.SUDHAKAR, AGED ABOUT 38 YEARS,

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SRI MANJUNATH AGED ABOUT 36 YEARS, S/O LATE R SUDHAKAR,

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BOTH ARE R/AT DARGA JOGIHALLI, KASABA HOBLI, DODDABALLAPURA TALUK, PIN - 561 203.

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... PETITIONERS

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(BY SRI. CHOKKAREDDY, ADVOCATE)

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AND :

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MANMAL LUNIA S/O LATE AGARCHAND, AGED ABOUT 74 YEARS, R/AT NO.59, LAKSHMAN RAO ROAD, B.V.K IYENGER ROAD, BENGALURU – 560 053.

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SMT JALAJA W/O LATE R.SUDHAKAR, AGED ABOUT 50 YEARS,

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SMT. ANJANA D/O LATE S. SUDHAKAR AGED ABOUT 30 YEARS,

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NOS. 2 AND 3 ARE RESIDING 787/ 133/1 BEHIND MANGALA SCHOOL DARGA JOGIHALLI KASABA HOBLI DODDABALLAPURA TALUK – 561 203.

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... RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A EXECUTION NO.9/2020 PENDING ON THE PRINCIPAL SENIOR CIVIL JUDGE DODDABALLAPURA FILED UNDER THE FRAUDULENT AND IN COLLUSIVE COMPROMISE DECREE DATED 10.11.2010 IN RESPECT OF SY. NO.81/2 OLD NO.40 MEASURING 39 GUNTAS OF VARADHANAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK SAME IS MARKED AS ANNEXURE-J.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

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The petitioners, who are the Judgment Debtors in Ex. No.9/2020 on the file of the Senior Civil Judge, Doddaballapura [for short, ' the civil Court '], have filed this petition impugning the very initiation of such execution proceedings. The petitioners' case is that the suit commenced by the decree holder in O.S. No.145/2005 on the file of the Civil Judge [Sr. Dn.,], Doddaballapura, has culminated in a compromise decree dated 10.11.2010 and this decree is fraudulently obtained. One of their brothers has filed an application under Order XXIII Rule 3A of the Code of Civil Procedure, 1908 [for short 'CPC'] in the said original proceedings impugning the compromise decree and the civil Court has framed an Issue in the light of the contentions urged in support of such application. In the light of these circumstances, the execution proceedings cannot be sustained.

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The petitioners' challenge to the initiation of the execution proceedings is premised on assertions that will have to be examined by the civil Court in deciding on the pending application under Order XXIII Rule 3A of CPC and when such consideration is pending, this Court is of the considered view that if the petitioners have a case against the initiation of the execution proceedings, they must seek necessary relief in the said suit. Therefore, the petition stands disposed of with liberty to the petitioners in this regard but subject to all just exceptions in law.

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I.A.No.1/2021 for dispensation does not survive

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for consideration, and hence stands disposed of.

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SD/JUDGE

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AN/-

Smt Umadevi S v. Manmal Lunia

Case brief

What is this about?

What did the court decide?

Smt Umadevi S v. Manmal Lunia

Case brief

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