Disposed

G Kunhiraman v. Bodan Kajjodi

Karnataka HC5 Dec 2024WP/1603/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order re-issuing an arrest warrant in an execution case. The court accepted the petitioner's undertaking to sell the subject property to the respondent (decree holder) and granted a three-month timeline to conclude the transaction, exempting the petitioner from further payment upon completion.

What did the court decide?

Three months time granted to conclude the sale of property to the respondent. Petitioner exempted from further payment upon completion of sale.

G Kunhiraman Vs Bodan Kajjodi — Execution and Attachment | Karnataka HC (2024)

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1 - NC: 2024:KHC:50264 WP No. 1603 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 1603 OF 2024 (GM-CPC)

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BETWEEN:

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G KUNHIRAMAN, S/O KUNHIKANNAN VAIDHYAR, AGED ABOUT 68 YEARS, R/AT VANASHREE NILAYA, SULLIA KASABA VILLAGE, SULLIA TALUK D K DISTRICT - 574 239. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER

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(BY SRI. K RAVISHANKAR., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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BODAN KAJJODI, S/O RAMACHANDRA KAJJODI, AGED ABOUT 23 YEARS, R/AT KAJJODI HOUSE, HARIHARA PALLATHADKA VILLAGE, SULLIA TALUK, D K DISTRICT - 574.

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…RESPONDENT

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(BY SRI. CHANDRANATH ARIGA K., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE OF 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 05.12.2023 PASSED ON I.A.NO.III/2023 AND ALSO ORDER DTD 02.01.2024 PASSED IN EXECUTION CASE NO.8/2022 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT SULLIA D.K

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2 - NC: 2024:KHC:50264 WP No. 1603 of 2024

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(PRODUCED VIDE ANNEXURE-A) TO THE WRIT PETITOIN AND CONSEQUENTLY ALLOW THE APPLICATION AS PRAYED FOR AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The Judgment Debtor (JDR) in Ex.C.No.8/2022 on the file of Senior Civil Judge and JMFC, Sullia, Dakshina Kannada, is before this Court challenging the arrest warrant issued against him.

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The suit filed by the respondent in O.S.No.41/2019 for recovery of money paid by him to the petitioner herein under an agreement of sale, was decreed on 18.04.2022. The respondent initiated execution proceedings to execute the decree. In the said decree, an application was filed for attachment of the property that was the subject matter of agreement.

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In the meanwhile, an application was also filed by

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the respondent for arrest and detention of the petitioner herein. In the execution proceedings, the petitioner was paying the decretal amount in installments. Thereafter, on 27.09.2023,

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3 - NC: 2024:KHC:50264 WP No. 1603 of 2024

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the executing Court issued an arrest notice to the Judgment Debtor. Following this, the Judgment Debtor paid a sum of Rs.10,000/- on 30.10.2023. The notice of arrest was kept alive until an application was filed by the petitioner to recall the warrant of arrest. The Trial Court rejected the application in terms of the order dated 05.12.2023 and directed re-issuance of the arrest warrant against the petitioner. It is this order which is challenged in this writ petition.

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When this petition came up for orders regarding

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vacating the order of stay, the petitioner has filed an affidavit, which reads as follows:

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"4. I state that there after the above matter was listed before this Hon'ble court on 29/11/2024 and the respondent has also agree purchase the same for a sum of Rs.50 lakhs. I state that I and my wife are ready and willing to execute the sale deed of the subject property in favour of the respondent by adjusting the outstanding decretal amount along with the interest and also deducting the amount which I have already deposited before the executing court. Further I state that there is out standing loan of Rs. 3 lakhs on the subject property and the same may also be adjusted towards the sale consideration as agreed. I state that apart from that the subject property is free from any agreement of sale, court attachment or any other orders which will preclude from registering the property In favour of the respondent.

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5. I state that I and my wife by name Saraswathi M.J. in whose favour the property bearing Sy. No.344/1A1A1A1A1A1A26 are ready and willing to get

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4 - NC: 2024:KHC:50264 WP No. 1603 of 2024

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registered the sale deed in favour of the respondent of the subject property of the agreement of sale dated 21/02/2019 after deducting the amount as stated above as and when the respondent is ready with the balance sale consideration. I state that by taking into this affidavit by way of an undertaking this Hon'ble court may be pleased to pass suitable orders and direct the petitioner and the respondent to get register the sale deed within outer limit of 3 months from 05/12/2024.

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6. Hence this affidavit of undertaking may be taken on record and this Hon'ble court may be pleased to pass suitable orders by way of undertaking. I state that the averment made above are true and correct to the best of my knowledge and belief and the same is based upon information and record."

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Since the petitioner has undertaken to convey the

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property to the respondent for a sum of Rs.50 lakhs, this writ petition deserves to be disposed of by granting three months from today to conclude the sale transaction in favour of the respondent. On such sale, the petitioner shall be exempt from payment of any amount payable to the decree holder in Ex.C.No.8/2022.

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It is needless to mention that if the petitioner fails to convey the property within three months from today as undertaken in the affidavit, the respondent shall be at liberty to take out further proceedings in the execution petition in accordance with law.

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NC: 2024:KHC:50264 WP No. 1603 of 2024

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In view of the above, the writ petition is disposed

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off .

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Sd/-

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(R. NATARAJ) JUDGE

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AM List No.: 1 Sl No.: 25

G Kunhiraman v. Bodan Kajjodi

Case brief

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G Kunhiraman v. Bodan Kajjodi

Case brief

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