High Court modified Trial Court order in execution petition dispute, allowing petitioners to furnish solvent surety of Rs.1,95,000/- instead of depositing principal amount to stay proceedings.
Petitioners directed to furnish solvent surety of Rs.1,95,000/- within one month instead of depositing principal amount.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF SEPTEMBER 2021
BEFORE
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.4801 OF 2018 (GM-CPC)
BETWEEN:
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT – 573 116.
BEHIND MINI VIDHANA SOUDHA, SHANKARIPURAM, 2ND STAGE, HASSAN CITY – 573 201.
...PETITIONERS
(BY SMT. NIRMALA, FOR SRI. MOHAN P.S., ADVOCATES)
AND:
SRI. NANJAPPA @ DORAI, S/O MUDDAPPA, AGED ABOUT 51 YEARS,
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RESIDING IN ARALIKATTE, BAGUR ROAD, CHANNARAYAPATNA TOWN & TLAUK, HASSAN DISTRICT – 573 116.
….RESPONDENT
(BY SMT. RADHA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO WAIVE THE CONDITION IMPOSED ON THE PETITIONERS TO DEPOSIT RS.1,95,000/- BEFORE THE COURT, FOR STAYING THE FURTHER PROCEEDINGS IN EXECUTION PETITION NO.36/2015 AS PER ANNEXURE-G WHILE PASSING ORDER ON I.A.NO.1 IN CIVIL MISC.NO.1/2017 DATED 13.11.2017 AS ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioners aggrieved by the order on I.A.No.1
dated 13.11.2017, passed in Civil.Misc.No.1/2017 by
the Senior Civil Judge, Channarayapatna, have filed this
writ petition.
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That the respondent filed a suit in O.S.No.92/2006
for recovery of money against the petitioners and others alleging that he had advanced a sum of Rs.1,95,000/- to one Shivanna i.e., father of the petitioners and the father of petitioners died living behind them as his legal heirs. The said suit filed by the respondent came to be decreed by the judgment dated 31.03.2011. The respondent filed Execution Petition in
Ex.Pet.No.36/2015. Later on the petitioners have filed Civil Miscellaneous petition seeking for setting aside the exparte judgment and decree dated 31.03.2011 which is registered as Civil.Misc.No.1/2017. In the said Civil Miscellaneous petition, petitioners have filed a application-I.A.No.1 seeking to stay further proceedings in Ex.Pet.No.36/2015 till the disposal of petition.
2.1. The Trial Court allowed the application and
further proceedings of Execution petition No.36/2015
are stayed on the condition that, the petitioners shall
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deposit principal amount of Rs.1,95,000/- before the Trial Court and also on condition that, they shall assist the Trial Court for early disposal of the petition within the span of four months without fail. The petitioners aggrieved by the same filed this Writ Petition.
and also learned counsel for the respondent.
that no objection for furnishing solvent surety.
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furnish solvent surety for Rs.1,95,000/- within a period
of one month from the date of receipt of a copy of this order.
disposed of .
SD/JUDGE
rs/GRD
1 issue framed by the court
Whether the condition of depositing the principal sum can be modified to furnish solvent surety for stay of execution proceedings.
2 provisions across 1 enactments
Smt. Nethravathi
Smt. Kanchana
Sri. Nanjappa @ Dorai
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
