Sri H G Basavanagowda v. Sri B S Manjunatha Shetty
Civil Execution – Attachment under Order XXI Rule 54 CPC (Article 227 petition)
Case brief
What is this about?
W.P. No.934/2019 (GM-CPC), High Court of Karnataka at Bengaluru, decided 22.04.2026 by Justice Vijaykumar A. Patil. Article 227 challenge by judgment debtor H.G. Basavanagowda to order dated 22.06.2018 of Additional Civil Judge and JMFC, Honnali in Ex.No.24/2007 (execution of money decree in O.S.No.180/2003 of decree holder B.S. Manjunatha Shetty; dues Rs.3,35,752/-) allowing attachment under Order XXI Rule 54 CPC of the judgment debtor's immovable property without ascertaining actual dues (partial payments of Rs.2,70,500/- and deposit of Rs.60,000/- noted). Held: attachment not erroneous but to be confirmed only after ascertaining actual dues; attachment remains in force pending fresh reconsideration by trial Court; petition disposed of. Sale proclamation orders (spot sale 20.12.2018, court sale 04.01.2019 per Annx-D) also challenged.
What did the court decide?
Writ petition disposed of with the order of attachment left in force; trial Court directed to reconsider the attachment application afresh after determining the actual dues payable by the judgment debtor to the decree holder.