After a money decree, the executing court issued an arrest warrant but police did not act. The AGA undertook to implement it; the court disposed of the petition allowing the petitioner to seek execution implementation from the Superintendent of Police.
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 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6364 OF 2024 (GM-RES)
BETWEEN:
SON OF H M JOHN CRASTA, AGED ABOUT 45 YEARS, RESIDENT OF NO 417, 10TH CROSS SWARNASANDRA, NEAR RANGA MANDIRA, SWARNASANDRA, SUGAR TOWN, MANDYA, KARNATAKA 571402.
…PETITIONER
(BY SRI. VACHAN GOWDA, ADVOCATE)
AND:
SON OF CHIKKEGOWDA, RESIDENT OF DOOR NO.714 SWARNASANDRA, GUTALU MANDYA-571 402.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. NAVEEN CHANDRASHEKAR, AGA FOR R-2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE LEARNED TRAIL COURT TO ARREST THE R1 WITHIN A TIME FRAME OF 15 DAYS AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:47250 WP No. 6364 of 2024
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Following a decree for the recovery of money, the executing Court issued an arrest warrant against the judgment debtor.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
TIN
List No.: 1 Sl No.: 53
1 issue framed by the court
Whether police should be directed to implement the executing court's arrest warrant against the judgment debtor?
1 provisions across 1 enactments
ALWIN SUMAN CRASTA
POORNANANDA C
THE SUPERINTENDENT OF POLICE MANDYA DISTRICT
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
