A judgment debtor challenged an executing court's assessment of rent arrears at Rs.6,23,756/-, contending the decree did not quantify monthly rent. Court noted issue no.3 in the suit affirming a monthly rent rate of Rs.21,000 and dismissed the writ petition as untenable.
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.
NC: 2024:KHC-D:6521 WP No. 102354 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF APRIL, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 102354 OF 2024 (GM-CPC)
BETWEEN:
SRI SANTOSH S/O. MANJUNATH SHETTY, AGE ABOUT 51 YEARS, OCC: BUSINESS, R/O. HOTEL SEA ROCK, DURADUNDESHWAR COMPLEX, 2ND CROSS, HOSUR, P.B. ROAD, HUBBALLI-580021.
…PETITIONER
(BY SRI S.K. KAYAKMATH, ADVOCATE)
AND:
OCC: NIL,
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
ALL ARE RESIDENTS OF NO.13, 1ST PHASE, AKSHAY COLONY, VIDYANAGAR, HUBBALLI-580021.
…RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.12.2023 PASSED IN EXECUTION PETITION NO.72/2019 BY THE LEARNED II ADDL. CIVIL JUDGE AND JMFC III, HUBBALLI VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following relief:
“That by way of writ of certiorari this Hon’ble Court be pleased to set aside the impugned order dated 16.12.2023 passed in Execution Petition no.72/2019 by the learned II Addl. Civil Judge and JMFC III, Hubballi vide Annexure-C.”
writ petition record.
“The defendant is hereby directed to hand over the actual vacant possession of the suit property to the plaintiffs within three months from the date of this order.
Further the defendant is hereby directed to pay the arrears of rent amounting to Rs.84,000/- and also go on paying the rent as and when become due till vacating the premises.”
Sd/JUDGE
VMB
List No.: 1 Sl No.: 36
1 issue framed by the court
Whether arrears of rent could be assessed at Rs.6,23,756/- when the operative decree does not quantify monthly rent payable.
2 provisions across 1 enactments
Sri Santosh S/o Manjunath Shetty
Sri Mallikarjun S/o Dundappa Paranatti
Sri Basavaraj S/o Mallikarjun Paranatti
Sri Siddalingesh S/o Mallikarjun Paranatti
Ravi V.Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
