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Judgment
This writ petition is filed challenging the order dated 22.12.2021 passed on I.A.No.3 in Ex.No.1737/2017 by the XX Additional City Civil and Sessions Judge, Bengaluru, (for short, ‘the Executing Court’).
Heard Sri.Suresh S.Lokre, learned Senior Counsel appearing for Sri.Shravan S.Lokre, learned counsel for the petitioner and Sri.Nagendra Kumar K., learned counsel for the respondent and perused the material available on record.
The respondent had filed the suit in O.S.No.5761/2015 for recovery of ₹7,00,000/- with interest at the rate of 21% p.a. The said suit came to be decreed by the trial Court. Thereafter, the respondent filed Ex.Case No.1737/2017 to recover the amount under the decree. In the said proceedings, the Executing Court has issued the order of warrant of attachment of properties of the petitioner. Thereafter, the petitioner filed an application under Section 47 read with Section 151 of the Code of Civil Procedure, 1908, (for short, ‘the CPC’) seeking to raise the order of attachment of the petitioner-judgment debtor’s immovable property which came to be rejected by Executing Court.
Learned Senior Counsel appearing for the petitioner submits that out of ₹7,00,000/-, the petitioner has paid ₹4,20,000/- and if some time is granted the petitioner would ensure that the payment would be made and decree would be satisfied without standing on the technicalities as the Executing Court has committed an error in not following certain procedures.
It is required to be noticed that this Court on 29.04.2026, taking note of the submissions, has directed the petitioner to deposit further sum of ₹2,50,000/- and the records indicate that the said amount is not deposited by the petitioner.
The execution proceedings are of the year 2017 and decree is dated 05.06.2017. Hence, I am of the considered view that no good grounds are made out to interfere with the order of the Executing Court. However, to show one indulgence, time till 30.09.2026 is granted to the petitioner to make the payment of principal amount as well as the interest as ordered in the decree, failing which the impugned order would stand automatically revived and the Executing Court can proceed in accordance with law.
This order would not come in the way of the petitioner and defendant negotiating on the aspect of interest and settling the dispute amicably.
The respondent is permitted to withdraw the amount in deposit, if any, before this Court or before the Executing Court.
With the above aforesaid observations, the writ petition is disposed of.