Petitioner challenged attachment warrant. Court directed deposit of Rs.4,30,122/- to settle execution petition; W.P. disposed.
The judgment debtor shall deposit Rs.4,30,122/- before the executing Court within one month; failing which decree shall be executed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 3121 OF 2022 (GM-CPC)
BETWEEN:
SRI. R. NARAYANASWAMY S/O ALAVATA RAMAPPA AGED ABOUT 50 YEARS, R/AT ANOOR VILLAGE, KASABA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT.
…PETITIONER
(BY SMT. VAIBHAVI BHAT, ADVOCATE FOR SRI. K.S. NARAYANA SWAMY, ADVOCATE)
AND:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
SRI. A.V. NARAYANASWAMY S/O LATE VENKATAPPA AGED ABOUT 72 YEARS, R/AT ANOOR VILLAGE, KASABA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563102.
(BY MS. URMILA PULLAT, ADVOCATE FOR SRI. JAGADEESHA B.N., ADVOCATE)
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN EX CASE NO.30/2019 ON THE FILE OF THE ADDL CIVIL JUDGE AND JMFC AT CHINTAMANI VIDE ANNEXURE-A AND QUASH/SET ASIDE THE ORDER DATED 21.12.2021 IN EX.CASE NO.30/2019 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC AT CHINTAMANI VIDE ANNEXURE-H.
NC: 2024:KHC:46022 WP No. 3121 of 2022
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 debtor in Ex.Case No.30/2019 pending on the file of the Additional Civil Judge and JMFC, Chintamani (executing Court) has challenged an order dated 21.12.2021 by which, a warrant was issued to attach the movable properties.
NC: 2024:KHC:46022 WP No. 3121 of 2022
reasonable time to pay the decreetal amount in easy quarterly installment of Rs.50,000/-.
is filed by the judgment debtor.
NC: 2024:KHC:46022 WP No. 3121 of 2022
"The Accounts-1 section of the Registry is directed to calculate the amount payable by the judgment debtor in Ex.Case No.30/2019 based on the payments made which are mentioned in the order sheet/s in Ex.Case No.30/2019 at Annexure 'H' to the petition."
NC: 2024:KHC:46022 WP No. 3121 of 2022
only). The judgment debtor shall deposit the same before the executing Court within a period of one month from today, failing which, the executing Court shall execute the decree and recover the decreetal amount in accordance with law.
I.As., if any, do not survive for consideration and the same stand disposed off.
Sd/-
(R. NATARAJ) JUDGE
PMR
List No.: 2 Sl No.: 10
1 issue framed by the court
"Whether judgment debtor in execution petition should deposit balance decretal amount as directed."
2 provisions across 2 enactments
SRI. R. NARAYANASWAMY
SRI. A.V. NARAYANASWAMY
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
