Disposed

Smt. H. Manjula v. Smt.Uma Sridhar

Karnataka HC17 Dec 2021WP/6883/2020

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court of Karnataka examined a challenge to execution proceedings initiated against petitioners. While dismissing the petition on merits due to the petitioners' failure to challenge the appellate order, the Court ordered a six-week deferral of coercive measures in the interest of justice.

What did the court decide?

Coercive measures in the executing court are to be deferred for a period of six weeks.

Smt. H. Manjula Vs Smt.Uma Sridhar — 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 17^TH DAY OF DECEMBER 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.6883 OF 2020 (GM-CPC)

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BETWEEN:

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SMT. H MANJULA, W/O H NARASIMHAREDDY, AGED ABOUT 41 YEARS, NO.759 BEHIND PRAVEEN TEA STALL & SRI GOWRI CEMENTS, UTTANAHALLI ROAD, NEAR HOSA HUNDI GATE BUS-STAND, HOSA HUNDI, KASABA HOBLI, MYSURU TALUK - 570 001

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SRI H NARASIMHAREDDY, S/O LATE HUMANTHA REDDY, AGED ABOUT 47 YEARS, LAND SURVEY TRAINING CENTRE, SECOND DIVISION SURVEYOR, PRINTING SECTION, HADAJANA, VARUNA HOLBI, MYSURU TALUK - 570 010

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.. PETITIONERS

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(BY SRI.RAJENDRA K.R., ADVOCATE)

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AND:

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SMT. UMA SRIDHAR, AGED ABOUT 57 YEARS, W/O A N SRIDHAR,

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RESIDING AT NO.509/H, 'SRI GANESH', 7^TH CROSS, VINAY MARG, SIDDARTHA LAYOUT, MYSURU, REPRESENTED BY HER POWER OF ATTORNEY HOLDERSRI A N S PRASAD - 570 001

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...RESPONDENT

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(BY SRI.MANU P KUMAR, ADVOCATE FOR SRI. C.S.PRASANNA KUMAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 14.1.2020 IN E.P.NO.23/2017 ON THE FILE OF PRL. I CIVIL JUDGE (Jr.Dn.) AT MYSURU A COPY OF WHICH IS PRODUCED AT ANNEXURE-E & F, EXECUTION PETITION BE DISMISSED IN THE ENDS OF JUSTICE AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are the judgment debtors in the Execution Case in Ex.P.No.23/2017 on the file of Principal I Civil Judge and JMFC, Mysuru [for short, ' the executing Court ']. The petitioners are aggrieved by the initiation of the execution proceedings and orders of coercive measures therein.

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The petitioners' grievance is because after the civil Court's decree dated 02.04.2012 in O.S.No.1428/2008 and with the respondent - decree holder's initiation of execution proceedings, they have tendered the entire amount with the respondent reporting satisfaction. However, in the appeal filed by the respondent in R.A.No.122/2012 on the file of IV Addl. Senior Civil Judge, Mysuru [for short 'the appellate Court' ], the civil Court's judgment is modified directing the petitioners to pay the interest at the rate of 2% p.m. and consequentially, new execution petition is filed. It remains undisputed that the petitioners have not challenged the appellate Court's judgment in R.A.No.122/2012.

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The learned counsel for the petitioners pleads bonafides in not challenging the appeal, but even if petitioners plead bonafides , the merits of the judgment in R.A.No.122/2012 cannot be examined in the present proceedings. The petitioners must necessarily avail

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appropriate remedy. Though the petition cannot be entertained, in the interest of justice and to ensure that the petitioners have another opportunity, the executing Court is called upon to defer coercive measures for a period of six (6) weeks.

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The writ petition is disposed of accordingly.

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Sd/JUDGE

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Smt. H. Manjula v. Smt.Uma Sridhar

Case brief

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Smt. H. Manjula v. Smt.Uma Sridhar

Case brief

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