Bharatha Rathna Dr B R Ambedkar Socio Economic Culture Center Vs Smt Kalpana Govindaraj

¶1

1 -

¶2

NC: 2025:KHC:50133 WP No. 2195 of 2020

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF DECEMBER, 2025 BEFORE

¶5

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 2195 OF 2020 (GM-CPC)

¶6

BETWEEN:

¶7

BHARATHA RATHNA DR. B.R. AMBEDKAR SOCIO-ECONOMIC CULTURE CENTER, SHETTY STREET CHICKMAGALURU 577 101 REPRESENTED BY ITS SECRETRY MALLIKARJUNA B, S/O NAGARAJA B AGED ABOUT 42 YEARS.

¶8

…PETITIONER

¶9

(BY SRI SATISH R GIRJI, ADV.)

¶10

AND:

¶11

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

¶12

SMT. KALPANA GOVINDARAJ W/O GOVINDARAJ AGED ABOUT 54 YEARS HOUSEHOLD WORK R/O NO.5/B, SWAROOP TEMPLLE ROAD, JAYALAKSHMIPURAM MYSURU - 570 012.

¶13

(BY SRI P.H. MAHALINGAM, ADV.,)

¶14

…RESPONDENT

¶15

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 09.12.2019 PASSED BY THE SENIOR CIVIL JUDGE AND CJM, CHICKMAGALURU ON I.A.NO.3, IN EXECUTION NO.138/2019 AT ANNEXURE-E.

¶16

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶17

2 -

¶18

NC: 2025:KHC:50133 WP No. 2195 of 2020

¶19

HC-KAR

¶20

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

¶21

ORAL ORDER

¶22

Petitioner is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set-aside the order dated 09.12.2019 passed on IA No.3 in Execution Case No.138/2019 by the Court of Senior Civil Judge and CJM, Chickmagaluru.

¶23

Heard the learned counsel for the parties.

¶24

Respondent herein had filed OS No.144/2012 against the petitioner herein before the jurisdictional Civil Court seeking the relief of delivery of suit schedule B property which is said to be the part and parcel of suit schedule A property. The said suit was decreed on 03.10.2018. Execution Case No.138/2019 was filed by the decree holder and in the said proceedings, judgment debtor was placed ex-parte. Therefore, IA No.2 was filed on behalf of the judgment debtor under Order IX Rule 7 read with Section 151 of CPC to set-aside the order placing it ex-parte. IA No.3 was filed on behalf of the decree holder to direct the judgment debtor not to do any act of preparing the drain work under progress in suit schedule B property. The Trial

¶25

3 -

¶26

NC: 2025:KHC:50133 WP No. 2195 of 2020

¶27

HC-KAR

¶28

Court vide the order impugned has allowed both the applications. Being aggrieved by the order passed on IA No.3, the judgment-debtor is before this Court.

¶29

Perusal of the material on record would go to show that respondent/decree holder has filed Execution No.138/2019 against the petitioner herein and in the said proceedings, petitioner was placed ex-parte. IA No.2 was filed to set-aside the said order wherein the Executing Court had placed the judgment debtor ex-parte. IA No.3 is filed on behalf of the decree holder to direct the judgment debtor not to do any act of preparing the drain work in suit schedule B property. The Trial Court has allowed both the applications by passing a common order on 09.12.2019. In my considered opinion, the Trial Court having allowed IA No.2 filed by the judgment debtor, ought to have given an opportunity to the judgment debtor for filing objections to IA No.3. On the other hand, the Trial Court has observed that judgment debtor has not filed any objections to IA No.3 and accordingly, has proceeded to allow IA No.3. Since the judgment debtor was placed ex-parte, objections could not have been filed on behalf of judgment

¶30

4 -

¶31

NC: 2025:KHC:50133 WP No. 2195 of 2020

¶32

HC-KAR

¶33

debtor to IA No.3. On this short point, the impugned order to

¶34

the extent it relates to allowing IA No.3 has to be set aside. Accordingly, the following order:-

¶35

The writ petition is allowed. The impugned order dated 09.12.2019 passed on IA No.3 in Execution Case No.138/2019 by the Court of Senior Civil Judge and CJM, Chickmagaluru, is set-aside and the Executing Court shall pass fresh orders on IA No.3 after granting an opportunity to the judgment debtor to file objections to the same.

¶36

It is needless to state that since Execution Case is of the year 2019, the Trial Court shall pass appropriate orders on IA No.3 in Execution Case No.138/2019 as early as possible but not later than a period of two months from the date of receipt of copy of this order.

¶37

Sd/(S VISHWAJITH SHETTY) JUDGE

¶38

DN List No.: 1 Sl No.: 42

Bharatha Rathna Dr B R Ambedkar Socio Economic Culture Center v. Smt Kalpana Govindaraj

Case brief

What is this about?

What did the court decide?

Bharatha Rathna Dr B R Ambedkar Socio Economic Culture Center v. Smt Kalpana Govindaraj

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri. Rokkappa Gowda. R Aliais @ Babu. R (Babu) Vs Smt. Kalpana. R

Kumara @ Kumaraswamy Vs State of Karnataka

Smt Narasamma Vs Sri M v Satishkumar

Sri.Puttaswamy Vs Smt.N.M.Rathna

Sathyavathi Vs Kashinath Rao

Praveen Vs B Dilip Sharavanan