logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2025 Kar HC 1882 print Preview print Next print
Court : High Court of Karnataka
Case No : Writ Petition No. 1608 Of 2024 (GM-CPC)
Judges: THE HONOURABLE MR. JUSTICE S. VISHWAJITH SHETTY
Parties : Praveen Versus B. Dilip Sharavanan & Others
Appearing Advocates : For the Petitioner: G.A.K. Gowda, Advocate. For the Respondents: R1, T. Prakash, Advocate.
Date of Judgment : 01-12-2025
Head Note :-
Constitution of India - Articles 226 & 227 -

Comparative Citation:
2025 KHC 49865,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Articles 226 and 227 of the Constitution of India
- Order XXI Rule 95 r/w Section 151 of CPC
- Section 151 of CPC
- CPC

2. Catch Words:
- Execution
- Specific performance
- Delivery warrant
- Objection
- Adjournment

3. Summary:
The petition under Article 227 challenges the order dated 06‑01‑2024 of the XXIX Additional City Civil and Sessions Judge, Bangalore, which refused further time to the judgment debtor to file objections to I.A. No. 1 seeking a delivery warrant. The decree holder had obtained a court‑sale deed of the suit property and subsequently filed I.A. No. 1. The trial court had adjourned the matter thrice but finally rejected the debtor’s request for additional time. The High Court, finding no illegality in the trial court’s order, exercised its discretion to grant a final opportunity to the petitioner to file objections by 11‑12‑2025 and directed disposal of the I.A. within a month thereafter. Consequently, the petition is allowed and the execution proceedings are to proceed as directed.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: This WP is filed under Articles 226 and 227 of the Constitution of India praying to-quash the order vide Annexure-C dtd 06.01.2024, passed by the Learned XXIX Additional City Civil and Sessions Judge, Bangalore, (CCH-30) in E.X.No.552/2022, In I.A.No.1, filed by the R1, Under Order XXI Rule 95 r/w Section 151 of CPC for issue of delivery warrant, and allow the said I.A.No.1 as prayed for therein.)

Oral Order

1. The judgment debtor No.3 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 06.01.2024 passed in Ex.No.552/2022 by the Court of XXIX Additional City Civil and Sessions Judge, Bengaluru.

2. Heard the learned counsel for the parties.

3. Respondent No.1 herein has filed Ex.No.552/2022 before the Court of XXIX Additional City Civil and Sessions Judge, Bengaluru to execute the decree of specific performance passed in O.S.No.8438/2015 dated 11.11.2020. In the execution proceedings through the process of Court sale deed was executed in favor of the decree holder. Thereafter, I.A.No.1 was filed by the decree holder in the execution proceedings to issue delivery warrant in respect of the suit schedule property. Petitioner herein had sought time on 06.01.2024 to file objections to the said application and the same was rejected by the executing Court. Being aggrieved by the said order petitioner is before this Court.

4. Perusal of the material on record would go to show that after the sale deed was executed in respect of the suit schedule property in favor of the decree holder through the process of Court, I.A.No.1 was filed by the decree holder in execution proceedings on 03.06.2023, with a prayer to issue delivery warrant in respect of the suit schedule property. The executing Court had thereafter adjourned the matter three time to enable the judgment debtor to file objections to I.A.No.1. Inspite of the same, the judgment debtor had not filed objections to I.A.No.1 and on 06.01.2024, a further request was made on behalf of the judgment debtor to grant further time to file objections to I.A.No.1 and the Trial Court vide the impugned order has rejected the said prayer made of the judgment debtor. Though this Court does not find any illegality or irregularity in the order impugned dated 06.01.2024 passed by the Trial Court, by way of indulgence I am inclined to grant a final opportunity to the petitioner herein to file objections to I.A.No.1. It is made clear that in the event, petitioner does not file his objections within the time granted by this Court, the Trial Court shall proceed further in accordance with law and pass appropriate order on I.A.No.1. Accordingly, the following:

ORDER

          (i) The writ petition is allowed.

          (ii) The impugned order dated 06.01.2024 passed in Ex.No.552/2022 by the Court of XXIX Additional City Civil and Sessions Judge, Bengaluru.

          (iii) Petitioner is permitted to file his objection to I.A.No.1 in Ex.No.552/2022 before the executing Court on or before the next date of hearing before the Trial Court i.e., 11.12.2025. The Trial Court is directed to dispose off I.A.No.1 on merits within a period of one month from the next date of hearing.

             In view of disposal of the petition I.A.No.1/2025 does not survive for consideration.
 
  CDJLawJournal