Allowed

Sri Mohammed Imtiyaz v. Sri K N Malikarjuna

Karnataka HC20 Dec 2023CRP/770/2023

Case brief

AI extract

What is this about?

The High Court allowed the civil revision petition and set aside the executing court's order directing attachment of movables for rent arrears, substituting a deposit condition and remand for reconsideration of the disputed calculation.

What did the court decide?

Set aside the order attachment of movables and adjourned for reconsideration upon condition to deposit Rs.8,00,000/- within four weeks.

Sri Mohammed Imtiyaz Vs Sri K N Malikarjuna — Execution and Attachment | Karnataka HC (2023)

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NC: 2023:KHC:46760 CRP No. 770 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CIVIL REVISION PETITION NO. 770 OF 2023

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BETWEEN:

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SRI. MOHAMMED IMTIYAZ S/O LATE S. BASHA AGED ABOUT 60 YEARS, PROPRIETOR, NATIONAL SANITATIONS, NO.20/1, SJP ROAD, BANGALORE-560002.

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…PETITIONER

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(BY SRI. AVINASH P., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI. K.N. MALIKARJUNA S/O LATE K.M. NAGANNA, AGED ABOUT 81 YEARS, R/AT NO.25, HONURAPPA LAYOUT, CUBBON PET, BANGALORE-560002 REPRESENTED BY SPA HOLDER, SRI. K.M. JAIKEERTHI, S/O MALLIKARJUNA

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(BY SMT. RAJESHWARI M., ADVOCATE)

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…RESPONDENT

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THIS CRP IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, 1908 PRAYING TO SET ASIDE THE ORDER PASSED BY THE ADDITIONAL CITY CIVIL AND SESSIONS COURT IN EX.1862/2022 DATED 20.11.2023 WHEREIN IT IS DIRECTED TO ISSUE A/M/W AGAINST THE JDR.

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THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2023:KHC:46760 CRP No. 770 of 2023

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ORDER

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The petitioner is before this Court challenging an order dated 20.11.2023 passed in Ex.P.No.1862/2022 by III Additional City Civil and Sessions Court, Bengaluru, by which, a warrant for attachment of movables was issued against him.

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The respondent who obtained a decree of

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ejectment in RFA No.288/2017 filed Ex.P.No.1862/2022 to execute the judgment and decree to recover arrears of rent of a sum of Rs.1,33,95,265/-.

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The petitioner was served with the notice of the execution petition. He also filed a memo of calculation indicating that he had paid the arrears of rent. The Executing Court after perusing the material felt that the petitioner is liable to pay arrears of rent and since the same was not paid, issued a warrant to attach the movables. Being aggrieved by the said order, the petitioner has filed this petition.

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The learned counsel for the petitioner has filed a

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memo of calculation indicating that as on date, the petitioner is only liable to pay sum of Rs.8,00,000/- being the arrears of

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3 - NC: 2023:KHC:46760 CRP No. 770 of 2023

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rent, as the possession of the property was taken over by the respondent.

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The learned counsel for the respondent submits that the impugned order passed by the Executing Court issuing warrant may be set aside and the Executing Court may be directed to reconsider and decide the question about the arrears of rent payable by the petitioner.

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In view of the aforesaid submission, this petition is allowed and the impugned order dated 20.11.2023 passed by the Trial Court issuing warrant for attachment of movables is set aside, subject to the condition that the petitioner deposits a sum of Rs.8,00,000/- within a period of four weeks.

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The Executing Court shall consider the question raised before it and also adjudicate the arrears of rent that the petitioner is liable to pay to the respondent.

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It is made clear that if the amount of

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Rs.8,00,000/- is not deposited, the respondent is entitled to

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NC: 2023:KHC:46760 CRP No. 770 of 2023

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obtain a fresh warrant to attach the movables and then

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proceed in accordance with law.

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Sd/JUDGE

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HJ List No.: 1 Sl No.: 9

Sri Mohammed Imtiyaz v. Sri K N Malikarjuna

Case brief

What is this about?

What did the court decide?

Sri Mohammed Imtiyaz v. Sri K N Malikarjuna

Case brief

What is this about?

What did the court decide?

What the court decided

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