Dismissed

Sri. Ramayya S/ O Sadakayya @ Shadaksharaya v. Mahantayya S/O Sadakayya @ Shadaksharayya

Karnataka HC9 Dec 2022WP/102608/2021

Case brief

AI extract

What is this about?

In a combined writ petition challenging an arrest warrant issued under an execution proceeding for disobedience to a compromise decree, the High Court held that since the terms of the compromise were undisputedly disobeyed and undertakings breached, the writ petitions were dismissed.

What did the court decide?

Writ petitions filed by petitioners against the issuance of arrest warrant in execution proceedings for breach of compromise decree were dismissed.

Sri. Ramayya S/ O Sadakayya @ Shadaksharaya Vs… — Execution and Attachment | Karnataka HC (2022)

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WP No. 103704 of 2021 C/W WP No. 102608 of 2021

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

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WRIT PETITION NO. 103704 OF 2021 (GM-CPC)

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C/W.

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WRIT PETITION NO. 102608 OF 2021

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IN WP.NO.103704/2021 BETWEEN:

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DANAYYA S/O.SADAKAYYA ALIAS SHADAKSHARAYYA PANCHAKATTIMATH ALIAS PACHAKATTI, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. ANTAPUR, TQ. MUDHOL, DIST. BAGALKOTE, PIN CODE. 587101.

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SRI. PANCHAYYA S/O.SADAKAYYA ALIAS SHADAKSHARAYYA PANCHAKATTIMATH ALIAS PANCHAKATTI,

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AGE. 37 YEARS, OCC. AGRICULTURE, R/O. ANTAPUR, TQ. MUDHOL,

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DIST. BAGALKOTE, PIN CODE. 587101.

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…PETITIONERS

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(BY SRI S.M.KALWAD, ADVOCATE)

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AND:

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MAHANTAYYA S/O.SADAKAYYA ALIAS SHADAKASHARAYYA PANCHAKATTIMATH ALIAS PANCHAKATTI AGE. 42 YEARS, OCC. AGRICULTURE, R/O. ANTAPUR, TQ. MUDHOL, DIST. BAGALKOTE, PIN CODE. 587101.

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WP No. 103704 of 2021 C/W WP No. 102608 of 2021

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RAMAYYA S/O.SADAKAYYA ALIAS SHADAKSHARAYYA PANCHAKATTIMATH ALIAS PANCHAKATTI AGE. 47 YEARS, OCC. AGRICULTURE, R/O. ANTAPUR, TQ. MUDHOL, DIST. BAGALKOTE, PIN CODE. 587101.

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…RESPONDENTS

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(BY SRI N.L.BATAKURKI, ADVOCATE FOR RESPONDENT NO.1) (SERVICE OF NOTICE TO RESPONDENT NO.2-DISPENED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 24/02/2021 MADE ON IA NO.2 IN E.P.NO.27/2020 PASSED BY ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL, IN SO

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FAR AS PETITIONERS ARE CONCERNED, (ANNEXURE-E).

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IN WP.NO.102608/2021 BETWEEN

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SRI RAMAYYA S/ O SADAKAYYA @ SHADAKSHARAYA PANCHAKATTIMATH @ PANCHAKATTI, AGE 60 YEARS, OCC. AGRICULTURE, R/O. ANTAPUR, TQ MUDHOL, BAGALKOT.

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...PETITIONER

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(BY SRI S.M.KALWAD, ADVOCATE)

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AND

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MAHANTAYYA S/O.SADAKAYYA @ SHADAKSHARAYYA PANCHAKATTIMATH @ PANCHAKATTI,

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WP No. 103704 of 2021 C/W WP No. 102608 of 2021

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AGE 42 YEARS, OCC. AGRICULTURE, R/O. ANTAPUR, TQ MUDHOL, DIST BAGALKOTE-587101.

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DANAYYA S/O SADAKAYYA @ SHADAKSHARAYYA PANCHAKATTIMATH @ PANCHAKATTI, AGE 46 YEARS, OCC. AGRICULTURE, R/O. ANTAPUR, TQ MUDHOL, DIST BAGALKOTE-587101.

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PANCHAYYA S/O SADAKAYYA @ SHADAKSHARAYYA PANCHAKATTIMATH @ PANCHAKATTI, AGE 36 YEARS, OCC. AGRICULTURE, R/O. ANTAPUR, TQ MUDHOL, DIST BAGALKOTE.

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…RESPONDENTS

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(BY SRI N.L.BATAKURKI, ADVOCATE FOR RESPONDENT NO.1) (SERVICE OF NOTICE TO RESPONDENT NOS.2 AND 3- DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 24.02.2021 MADE ON IA.NO.2 IN EP.NO.27/2020 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN SO FAR AS PETITIONER IS CONCERNED (ANNEXURE-E).

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THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 103704 of 2021

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ORDER

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A compromise was entered into between the

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petitioners and the respondents in O.S.No.52/2016, on the basis of which, a compromise decree was passed.

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One of the terms of the compromise was that the

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petitioners had to clear the Bank loans. However, the petitioners did not comply with the said term, as a result of which, the respondents initiated execution proceedings. In this execution petition, the executing Court after taking note of the disobedience to the compromise decree, it has proceeded to issue an arrest warrant against the judgments debtors which is impugned in these writ petitions.

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It may also be pertinent to state here that subsequently on 30.03.2021 the petitioners also stated before the Court that they would pay the requisite amount within a period of six months. Despite the said undertaking the petitioners have not repaid the said amount. This

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WP No. 103704 of 2021 C/W WP No. 102608 of 2021

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Court while issuing notice granted the petitioners an interim order subject to the petitioners depositing a sum of Rs.50,000/- within a period of four weeks from the date of order. This order was passed on 30.09.2021. Though more than a year lapsed even this condition has not been complied with.

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In my view, the order of the executing Court in

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issuing arrest warrant cannot be found fault with since it is not in dispute that the terms of the compromise have been

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disobeyed. Writ petitions are therefore dismissed.

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SD JUDGE

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CKK

Sri. Ramayya S/ O Sadakayya @ Shadaksharaya v. Mahantayya S/O Sadakayya @ Shadaksharayya

Case brief

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Sri. Ramayya S/ O Sadakayya @ Shadaksharaya v. Mahantayya S/O Sadakayya @ Shadaksharayya

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