Judgment debtors sought revision of an executing court order attaching their property to satisfy a money decree. The court upheld the attachment order but kept it in abeyance for three months, directing the petitioners to pay the full dues by 05.04.2024, failing which execution would continue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN CIVIL REVISION PETITION NO.288 OF 2023
BETWEEN:
…PETITIONERS
Digitally signed by V MANJUSHA BAI
Location: High Court of Karnataka
(BY SRI SYED JAFFER MOHIYUDDIN, ADVOCATE)
AND:
…RESPONDENT
(BY SRI GOPALAKRISHNAMURTHY C., ADVOCATE)
NC: 2024:KHC:435 CRP No. 288 of 2023
THIS PETITION IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE, PRAYING TO SET ASIDE THE ORDER DATED 17.09.2022 IN I.A. NO.1/2022 UNDER ORDER XXI RULE 54 SECTION 151 OF CPC., AT ANNEXURE-A IN EX.NO.22/2019 BY THE SENIOR CIVIL JUDGE AND JMFC., AT CHANNAGIRI TO SECURE THE ENDS OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:435 CRP No. 288 of 2023
petitioners pay his money, he will not insist the property being attached and sold.
ORDER
i. The petitioners shall pay the amounts they owe to the respondent as per the judgment and decree in O.S.No.11/2017 by the Senior Civil Judge and JMFC at
NC: 2024:KHC:435 CRP No. 288 of 2023
Channagiri on or before 05.04.2024. In that event, the Execution petition No.22/2019 on the file of the Senior Civil Judge and JMFC, Channagiri shall be closed as the decree having been satisfied.
ii. The order passed on I.A.No.1 in Execution petition No.22/2019 shall be kept in abeyance till 05.04.2024.
iii. If the petitioners fail to discharge the amount as aforesaid on or before 05.04.2024, then in that event, the order passed on I.A.No.1 in Execution petition No.22/2019 shall be given effect by the Executing Court and further proceedings in Execution petition No.22/2019 shall be continued.
iv. Civil Revision Petition is accordingly, disposed of .
v. Pending interlocutory applications, if any, stands disposed of.
VMB
Sd/JUDGE
1 issue framed by the court
Whether the Executing Court's order attaching the judgment debtors' property should be set aside or kept in abeyance to allow payment of the decree amount.
2 provisions across 1 enactments
Smt. Jahida Khanam
Sri Syed Riyaz Ahamed
Sri R.T. Swamy
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
