Judgment debtors challenged the executing Court's order attaching their movables in execution of a rent-arrears decree. Having failed to comply with an interim order requiring a part deposit and not having sought setting aside the decree, they were found to have no case; the writ petition was dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 11310 OF 2024 (GM-CPC)
BETWEEN:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
(BY SRI. PUNITH C., ADVOCATE)
…PETITIONERS
AND:
SMT. T.P. KUSUMA WIFE OF LATE SHASIDHAR AGED ABOUT 62 YEARS RESDING AT NO.978, 7TH CROSS, BSK 1ST STAGE, 2ND BLOCK, BANGALORE-560050.
…RESPONDENT
(BY SRI. RAJEGOWDA B., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.03.2024 IN EXECUTION PETITION NO.200/2024 PASSED BY THE LEARNED VIITH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-19) AS PER ANNEXURE-C BY ALLOWING THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The judgment debtors in Ex.No.200/2024 pending on the file of the VII Additional City Civil and Sessions Judge, Bengaluru (henceforth referred to as 'executing Court') has filed this petition challenging an order dated 02.03.2024 by which, the executing Court issued an order of attachment of movables.
holder/plaintiff for recovery of arrears of rent to the tune of
Rs.7,00,000/-. The suit was decreed on 30.09.2023 for a sum of Rs.5,75,000/- along with interest at the rate of 9% per annum. The decree holder filed Ex.No.200/2024 for recovery of Rs.6,20,195/- including cost and interest. The executing Court issued an order of attachment of movables of the judgment debtor.
NC: 2024:KHC:44507 WP No. 11310 of 2024
cannot be avoided. In that view of the matter, there is no error in the executing Court issuing attachment of movables of the judgment debtors warranting interference.
dismissed .
Sd/-
(R. NATARAJ) JUDGE
PMR
List No.: 1 Sl No.: 27
1 issue framed by the court
Was the executing Court's order of attachment of movables against the judgment debtors liable to be interfered with under Article 227?
1 provisions across 1 enactments
Sri. S. Lakshminarasihma
Sri. S. Lokesh
Smt. T.P. Kusuma
R. Nataraj
As recorded by the court registry
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