Smt. Jyothi v. Sri. Kumara Swamy M
Case brief
What is this about?
Salary attachment in execution set aside; matter remitted to Executing Court. Keywords: CRL.P No. 13057 of 2024; NC: 2025:KHC:7123; Section 482 Cr.PC; Karnataka High Court; S.R. Krishna Kumar J.; Ex.No.131/2024; II Addl. Civil Judge and JMFC Bhadravathi; Shivamogga; order dated 02.08.2024; attachment of salary; interim stay conditional on deposit of Rs.5 lakhs (I.A.No.1/2024); deposit transmitted to Executing Court; respondent served and unrepresented; C.C.No.4120/2022; Annexure-B order dated 24.01.2024; Canara Bank employee, Shimoga; contentions kept open; disposed of.
What did the court decide?
Setting aside of the order dated 02.08.2024 passed by the Executing Court in Ex.No.131/2024 (II Addl. Civil Judge and JMFC, Bhadravathi, Shivamogga) attaching the petitioner's salary; remittal of the matter to the Executing Court to provide the petitioner an opportunity and consider the contentions of both parties in accordance with law; and transmission of the Rs.5 lakhs deposited by the petitioner to the file of the Executing Court in Ex.No.131/2024.