Smt. J.R. Shanmukhappa v. Sri.N.T. Ganesh
WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA – EXECUTION – MEMO OF CALCULATION
Case brief
What is this about?
Judgment debtor's writ petition under Article 227 of the Constitution of India against the Executing Court's order dated 30.01.2024 in Ex.No.227/2017 (II Additional Senior Civil Judge and JMFC, Davanagere) accepting the decree holder's memo of calculation and directing balance payment of Rs.11,33,340/-; decree arose from O.S.No.77 of 2011 (judgment dated 20.06.2016), confirmed in W.P.No.49027/2016; judgment debtor claimed a deposit of Rs.23,68,800/- in R.F.A. No.681/2017 on 17-1-2018 and subsequent payments totalling Rs.50,62,270/-; Held: order set aside and execution remanded for reconsideration of both memos of calculation; keywords: execution proceedings, memo of calculation, interest calculation, satisfaction of decree, Article 227, Karnataka High Court, remand.
What did the court decide?
Petition allowed; impugned order dated 30.01.2024 in Ex.No.227/2017 set aside; matter remitted to the Executing Court to reconsider the claims of both the respondent/decree holder and the petitioner/judgment debtor as per their respective memos of calculations and dispose of the execution proceedings in accordance with law as expeditiously as possible; liberty to both parties to file fresh memos of calculations, if required; Rs.2,00,000/- deposited by the petitioner to be disbursed to the respondent/decree holder immediately.