Partly allowed

Sri N Gurumurthy v. Athaulla Rehaman

Karnataka HC11 Jun 2026WP/712/2024

Case brief

AI extract

What is this about?

A decree holder challenged an executing court's order attaching 10% of the judgment debtor's salary. The High Court modified the order, directing that one-third of the judgment debtor's net salary be deducted, and disposed of the writ petition.

What did the court decide?

Order modified: 1/3rd of Rs.41,788/- to be deducted from JDR's salary; petition disposed; pending I.As. closed.

Sri N Gurumurthy Vs Athaulla Rehaman — Execution and Attachment | Karnataka HC (2026)

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NC: 2026:KHC:28408 WP No. 712 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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WRIT PETITION NO. 712 OF 2024 (GM-CPC)

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BETWEEN:

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SRI N.GURUMURTHY S/O NANJAPPA AGED ABOUT 65 YEARS OCC AGRICULTURIST R/O AMBEDKAR BADAVANE AJJAMPURA TOWN AJJAMPURA TALUK CHICKMAGALURU DISTRICT- 577 547

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…PETITIONER

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(BY SRI. KANTHARAJAPPA M.G., ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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ATHAULLA REHAMAN S/O RASUL SAB AGED ABOUT 43 YEARS OCC: KEB LINE MAN AJJAMPURA CIRCLE R/AT AJJAMPURA AJJAMPURA HOBLI, AJJAMPURA TALUK CHICKMAGALUR DISTRICT -577 547

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…RESPONDENT

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(BY SRI. RAVIKUMAR N.R., ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT IN THE NATURE OF WRIT, MODIFYING THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, AT TARIKERE IN EX. NO.

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NC: 2026:KHC:28408 WP No. 712 of 2024

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HC-KAR

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23/2023 DATED:03.10.2023 ON IA-1 PRODUCED AS ANNEXURE-H TO THE WP.

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

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed aggrieved by the orders passed in Ex.No.23/2023 dated 03.10.2023 by the Senior Civil Judge & JMFC, Tarikere whereby the executing court has directed to deduct 10% of the salary of respondent and issued attachment warrant, the petitioner-DHR is before this court.

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2. Learned counsel appearing for the petitioner submits that the salary of the respondent is Rs.73,813/- and according to him there are deductions of an amount of Rs.32,025/- and the net salary payable to him is Rs.41,788/-. It is his case that he has to pay an EMI and his take home salary is Rs.21,000/-. As such the court has directed to pay 10% of Rs.41,788/i.e.,Rs.4,000/-.It is submitted that the petitioner is aged about 67 years and a decree was passed in the year 2014. From 2014 till now JDR/respondent has not paid any amount. Considering the old age of the petitioner, as 1/3^rd of the

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3 - NC: 2026:KHC:28408 WP No. 712 of 2024

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HC-KAR

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amount is permissible and the executing court ought to have ordered the same.

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3. Learned counsel appearing for the respondent/JDR submits that he has to take care of the educational expenses of the children, he has to take care of himself and the wife and as such the court has rightly granted 10% of the amount. It is submitted that the respondent never denied to pay the money.

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4. Having heard the learned counsels on either side, perused the entire material on record. A decree was passed in the year 2014. Even till 2026 the decree holder could not realize the amounts. The outstanding amount is about Rs.5,19,422/-. The petitioner is aged about 67 years, suffering with health ailments. As the salary of the respondent is Rs.73,813/- with all the deductions, it is stated that he is receiving Rs.41,788/- as net salary. Even in that amount court cannot consider the submissions that are made by the petitioner and his requirement.

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5. Accordingly, this court is passing the following:

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NC: 2026:KHC:28408 WP No. 712 of 2024

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HC-KAR

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ORDER

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i. The o rders passed in Ex.No.23/2023 dated 03.10.2023 by the Senior Civil Judge & JMFC, Tarikere is modified and 1/3^rd of Rs.41,788/- shall be deducted from the salary of the JDR.

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ii. The writ petition is disposed of.

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iii. All pending I.As., in the petition shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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List No.: 2 Sl No.: 6

Sri N Gurumurthy v. Athaulla Rehaman

Case brief

What is this about?

What did the court decide?

Sri N Gurumurthy v. Athaulla Rehaman

Case brief

What is this about?

What did the court decide?

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