Shri. Girimallayya S/O Allayya Mathapati v. Smt. Kalavati W/O Shivalingayya Mathad
Civil Procedure – Execution – Evidence by decree holder
Case brief
What is this about?
WP No. 101354 of 2025 (GM-CPC), High Court of Karnataka, Dharwad Bench, decided 21.02.2025 by Justice Suraj Govindaraj (single judge). Petitioners (judgment debtors 1-4, LRs of deceased Chikkayya S/o Girimallayya Mathapati, counsel Sri. M C Hukkeri) challenged, under Article 227 Constitution of India, the order dated 09/12/2024 on I.A. No. IV in E.P. No. 6/2021 passed by the Senior Civil Judge and JMFC Banahatti rejecting their S.151 CPC application to discard the evidence led by decree holder/respondent Smt. Kalavati W/o Shivalingayya Mathad. Held: decree holder may lead evidence in execution petition; judgment debtor must cross-examine; veracity/materiality to be judged by the Court thereafter; inherent powers under S.151 CPC cannot be used to discard evidence. Petition disposed of; liberty to cross-examine reserved. No precedents cited; no monetary quantum.
What did the court decide?
No substantive relief granted; the impugned order was not disturbed and liberty was reserved to the petitioners to cross-examine the witness of the decree holder.