Dismissed¶34

Shri Thimmanna B. H S/O Ramaswamy v. M/S Ramadutha Chits Pvt. Ltd.

Karnataka HC4 Nov 2025WP/100667/2023

Case brief

AI extract

What is this about?

Salary attachment recall application rejected; judgment debtor; execution proceedings E.P. No.239/2021 Ballari; one-third salary attachment upheld; Articles 226 and 227 writ; Karnataka High Court Dharwad; Thimmanna B.H. v. Ramadutha Chits Pvt. Ltd.; decree holder release of deposited amount; writ dismissed 04.11.2025; Justice Anant Ramanath Hegde.

What did the court decide?

No relief to the petitioner; writ petition dismissed. The amount deposited before the Court is directed to be released in favour of the decree holder. ¶34

Shri Thimmanna B. H S/O Ramaswamy Vs M/S… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:15039 WP No. 100667 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

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DATED THIS THE 4^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 100667 OF 2023 (GM-CPC)

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BETWEEN:

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SHRI THIMMANNA B.H. S/O RAMASWAMY, AGE. MAJOR, OCC. SENIOR ASSISTANT OF KARNATAK UNIVERSITY, DHARWAD, R/O. NO.J-1, PAVATE NAGAR, DHARWAD-580 003.

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… PETITIONER

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(BY SRI. BASAVARAJ GODACHI AND SRI. SRINIVAS B. NAIK, ADVOCATES)

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AND:

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M/S. RAMADUTHA CHITS PVT. LTD. S.N.P. TOWER, OPP. S.P. BUNGALOW, BASAVBHAVAN ROAD, BALLARI-583 103.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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SHRI. M. PRAKASH S/O MAREPPA, AGE. MAJOR, OCC. BUSINESS, R/O. WARD NO. 13, BHAGYA COLONY, SANDUR, DIST. BALLARI-583 103.

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SHRI. N. MANJUNATH S/O ERAPPA NANDIHALLI, AGE. MAJOR, OCC. BUSINESS, R/O. NO. 175, KUDLIGI ROAD, SIDDARAMESHWARA BADAVANE, 3^RD WARD, YASHWANTHNAGAR, NEAR CANAL LEFT SIDE,

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NC: 2025:KHC-D:15039 WP No. 100667 of 2023

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HC-KAR

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SANDUR-583 124, DIST. BALLARI.

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SHRI. VITTALAKSHA D. S/O DEVAYYA D., AGE. MAJOR, OCC. BUSINESS, R/O. WARD NO.35, SASTRI NAGAR, 2^ND CROSS, EXTENSION, GUDDADA MELINA, MANEGALU, SASTRINAGAR, BALLARI.

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SHRI. SHANMUKHA NAVIN BABU B. S/O MALLIKARJUNA B., AGE. MAJOR, OCC. R/O. H.NO. 182, WARD NO.35, SASTRI NAGAR, BANK COLONY, 1^ST CROSS, BALLARI-583 103.

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… RESPONDENTS

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(BY SRI. M. AMAREGOUDA, ADVOCATE FOR R1; NOTICE TO R2 AND R3 SERVED; NOTICE TO R4 AND R5 HELD SUFFICIENT)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE PRESENT WRIT PETITION FILED BY THE PETITIONER; CALL FOR RECORDS IN E.P. NO.239/2021 IN THE COURT OF I SR. CIVIL JUDGE, BALLARI AND SET ASIDE THE ORDER PASSED ON 05.11.2022 AND 03.01.2023 IN E.P. NO.239/2021 IN THE COURT OF I ADDL. SR. CIVIL JUDGE BALLARI VIDE ANNEXURE-K, IN THE INTEREST OF JUSTICE.

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

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3 - NC: 2025:KHC-D:15039 WP No. 100667 of 2023

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

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This petition is filed assailing the order rejecting the petitioner’s application wherein he sought to recall the order attaching his salary.

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The Trial Court has rejected the application on the premise that petitioner is a judgment debtor and he has not satisfied the award which is passed against him. It is also noticed that the Trial Court has only attached 1/3^rd from the salary of the petitioner.

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Under these circumstances, this Court does not find any error in the order. The petition is dismissed.

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The amount deposited before the Court shall be released in favour of the decree holder.

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Sd/(ANANT RAMANATH HEGDE) JUDGE

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CLK CT:BCK LIST NO.: 1 SL NO.: 55

Shri Thimmanna B. H S/O Ramaswamy v. M/S Ramadutha Chits Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Shri Thimmanna B. H S/O Ramaswamy v. M/S Ramadutha Chits Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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