IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 18806 OF 2019 (GM-CPC) AND WRIT PETITION NO. 25373 OF 2019 (GM-CPC) BETWEEN:
DR. PRASHANT HOLAKUNDI, SON OF SHIVAPPA HLAKUNDI, AGED ABOUT 46 YEARS, SREE LAKSHMI NURSING HOME, NEAR VRL BUS STAND, HUBLI, DHARWAD DISTRICT PIN CODE: 580 020 (BY SRI. SIDDAMALLAPPA P M, ADVOCATE) AND:
SRI. L. NARASIMHAIAH, SON OF LATE LAXMIPATHAIAH, AGED ABOUT 74 YEARS, RESIDING AT NO 193, 27TH CROSS, 2ND MAIN, 6TH BLOCK, JAYANAGAR BENGALURU – 560 082 … PETITIONER … RESPONDENT (BY SRI. GOPAL KRISHNA KURANDWAD, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.12.2018 AS PER IA NO.7 AND 18.2.2019 AS PER IA NO.8 PASSED IN EXECUTION PETITION NO.681/2011 BY THE ADDITIONAL CITY CIVIL JDUGE, BANGALORE – CCH-18 AS PER ANNEXURE-F.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being the judgment debtor-1(a) in Execution Petition No. 681/2011 is invoking the writ jurisdiction of this Court for assailing the order dated 18.02.2019, a copy whereof is at Annexure-F whereby the Court below has directed him to disclose all material particulars of his property holding. After service of notice, the respondent having entered appearance through his counsel, resists the writ petitions.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the mater inasmuch as, the order is facilitatory in nature for the execution of the award in question and such orders cannot be faltered.
3. However, it is made clear that though the requirement of disclosing the holding of assets is retained, the execution of award shall be confined to the property which has come to petitioner’s hands as a successor to the estate of the deceased judgment debtor, one way or the other, and not against his own acquisitions.
Accordingly, petitions are dismissed.
It is needless to mention that the respondent-decree holder shall not be non-suited on the ground that the other legal heirs are not made parties to the execution proceedings inasmuch as no material particulars as such are furnished by the petitioner in his Objections to execution.
All other contentions of the parties are kept open.
Sd/- JUDGE Bsv