Allowed

Sri Vijaya Kumar Bhandary v. Smt M Baby

Karnataka HC18 Aug 2022WP/30005/2018

Case brief

AI extract

What is this about?

Disposing of a writ petition, the High Court at Bengaluru allowed the petition and set aside an order issuing an arrest warrant in execution proceedings upon the parties filing a joint memo stating they had resolved their dispute by agreeing to a payment plan.

What did the court decide?

The writ petition was allowed; the impugned arrest warrant order was set aside; petitioner directed to pay Rs. 48,400 within six months; respondent permitted to withdraw Rs. 40,000 deposit.

Sri Vijaya Kumar Bhandary Vs Smt M Baby — Execution and Attachment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF AUGUST, 2022

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BEFORE

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THE HON’BLE Mrs. JUSTICE K.S. HEMALEKHA

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WRIT PETITION No.30005/2018 (GM-CPC)

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BETWEEN:

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SRI VIJAYA KUMAR BHANDARY S/O. LATE ESHWARA BHANDARY, AGED ABOUT 50 YEARS, R/AT HEBBARABAILU HOUSE, PUTTUR KASBA VILLAGE, PUTTUR TALUK, D.K. DISTSRICT – 574 240. ... PETITIONER

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(BY SRI PRASANNA V.R., ADVOCATE)

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AND:

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SMT. M. BABY W/O. LATE V. KOGGAPPA, AGE: MAJOR, R/AT NEERAKATTE HOUSE, PALACE ROAD, VITTAL, VITTALA KASBA VILLAGE, BANTWAL TALUK, D.K. DISTSRICT – 574 240.

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SRI V. DINESH S/O. LATE V. KOGGAPPA, AGE: MAJOR, R/AT NEERAKATTE HOUSE, PALACE ROAD, VITTAL, VITTAL KASABA VILLAGE, BANTWAL TALUK, D.K. DISTRICT – 574 240. ... RESPONDENTS

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(BY SRI G.RAVISHANKAR SHASTRY, ADVOCATE FOR R-1 AND R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 20.06.2018 ON IA NO.3 IN EX. CASE NO.30/2015 [OLD NO.8/2013] PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, PUTTUR VIDE ANNEXURE-A.

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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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O R D E R

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The present writ petition is arising out of order dated 20/06/2018, passed on I.A.No.III in Execution Petition No.30/2015, on the file of Addl. Civil Judge & JMFC, Puttur, D.K., wherein the learned Judge rejected I.A.No.III and issued arrest warrant against the petitioner/judgment debtor herein.

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Today (18/08/2022), the learned counsel

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for the parties have filed a joint memo stating that petitioner and the respondents have resolved their dispute.

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3. The joint memo reads as under:

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“The Petitioner and Respondents respectfully submit that they have resolved their dispute in the following terms;

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(i) That the Petitioner has agreed to pay to the Respondents the balance of decreetal amount of Rs.48,400/- (Rupees Forty eight thousand four hundred only) on or before Six months from today (i.e., on or before 17.02.2023) in Ex.P.No.30/2015 pending on the file of the learned Addl. Civil Judge & JMFC., Puttur, D.K. District.

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(ii) That the Respondents are entitled to receive the amount in deposit of Rs.40,000/Rupees Forty thousand only) and to be deposited by the Petitioner in Ex.P.No.30/2015 pending before the Executing Court.

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(iii) In view of the undertaking given by the Petitioner to pay the balance of decreetal amount of Rs.48,400/- (Rupees Forty eight thousand four hundred only) within Six months from today in Ex.P.No.30/2015 pending on the file of the learned Addl. Civil Judge & JMFC., Puttur, D.K. District, the Arrest Warrant and the Order impugned dated 20.06.2018 on IA

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No.III in Ex.P.No.30/2015 passed by the Executing Court may be quashed.

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(iv) That in the event of non-compliance of the undertaking by the Petitioner, the Executing Court can proceed with the Execution Petition in accordance with law.

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Wherefore, both the Petitioner and Respondents respectfully pray that the above Writ Petition may be disposed off in the above terms in the interest of Justice & Equity.”

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The joint memo is placed on record.

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In view of joint memo, this Court pass the

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following:

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ORDER

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(i) The writ petition is allowed in terms of the joint

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memo and impugned order dated 20/06/2018 on I.A.No.III in Ex.P.No.30/2015 on the file of the

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Addl. Civil Judge & JMFC, Puttur, D.K. District, is hereby set aside.

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(ii) The petitioner to pay the balance decreetal amount of Rs.48,400/- within a period of six months i.e., on or before 17/02/2023 in Execution Petition No.30/2015 pending on the file of the learned Addl. Civil Judge and JMFC, Puttur, D.K. District.

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(iii) In terms of the joint memo, the executing Court is directed to permit the respondent/decree holder to withdraw a sum of Rs.40,000/deposited by the petitioner/judgment debtor in the Execution Petition No.30/2015.

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(iv) In the event the petitioner/judgment debtor defaults in paying the balance decreetal amount of Rs.48,400/- as agreed in terms of the joint memo, the executing Court shall proceed with the execution petition in accordance with law.

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(v) Parties to report settlement before the executing Court in Ex.P.No.30/2015 in terms of the joint

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memo.

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SD/JUDGE

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Sri Vijaya Kumar Bhandary v. Smt M Baby

Case brief

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Sri Vijaya Kumar Bhandary v. Smt M Baby

Case brief

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