IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CRP NO.389/2012 BETWEEN:
Dr. Vaarad S/o. Channabasappa, Aged about 72 years, R/o. No.11, 4th Division, Ravindranagar Extension, Shimoga. …Petitioner (By Sri. Dayanand S. Patil & Sri. M.Ravindranath, Advocates) AND:
1. State Bank of India, Kumara Park Branch, Bangalore – 01 Rep. by its Branch Manager.
2. M.S.Suresh, Proprietor, M/s.Alphazie Industries, No.106, I ‘N block’ Rajaji Nagar, Bangalore – 10.
3. K. Shivashankar (Dead), M/s. Shankar Traders, Nehru Road, Shimoga – 577 501.
K.S.Venkatesh (Dead) S/o. K. Shivashankar, 1(a). S.V.Deepak, S/o. Late K.S.Venkatesh, Aged 28 years, Nehru Road, Shimoga – 577 501 1(b). S.V.Nishanth, S/o. Late K.S.Venkatesh, Aged 25 years, R/at C/o. M/s. Shankar Traders, Nehru Road, Shimoga – 577 501.
4. K.S.Muralidhar, S/o. Late K.Shivashankar, R/at C/o. M/s. Shankar Traders, Nehru Road, Shimoga – 577 501.
5. K.S.Prakash, S/o. Late K.Shivashankar, C/o. M/s. Shankar Traders, Nehru Road, Shimoga – 577 501.
6. Shakunthala Sivakumar, W/o. Late K.Shivakumar, R/o. Nishanth Nilaya, 7th Cross, Near Bridge, Ravindranagara, Shimoga – 577 501.
7. Vasanthi W/o. Ramamurthy, R/o. Nishanth Nilaya, 7th Cross, Near Bridge, Ravindranagara, Shimoga – 577 501.
8. Rajalakshmi, W/o. M.S.Suresh, C/o. M/s. Diamond Association, No.14/1, 1st Floor, 1st Main, 6th Cross, Gandhi Nagar, Bengaluru – 560 009. ... Respondents (By Sri. K. Chandrashekar Achar, Advocate for R1;
R4 served; R2, R3 (1) a & b, R5 to R8 - Notice held sufficient V/o dated 24.04.2014) This CRP is filed under Section 115 of CPC, against the Order dated 04.08.2012 passed in Ex.No.109/92 on the file of the I Additional Senior Civil Judge & CJM, Shimoga, holding that objections of Dr.B.C.Vaarad that the Decree is not executable against Item No.1 of the schedule is not sustainable issue sale notice to the 1st JDR. Lrs. of 2nd JDR and the Objector Dr. Vaarad in respect of Item No.1.
This CRP coming on for Admission this day, the Court made the following:-
ORDER It is submitted that as per the calculation, in view of the order passed by the trial Court in O.S.No.172/1983, the petitioner is liable to pay his part of share i.e. Rs.9,10,511/- which is inclusive of interest upto 18.12.2018. The petitioner is ready and willing to pay a sum of Rs.9,10,511/- to respondent No.1- Decree Holder within four weeks from the date of this order in Execution No.109/1992 pending on the file of the I Additional Senior Civil Judge and CJM, Shivamogga towards the discharge of liability of the surety.
2. Learned counsel for the respondent - Bank submitted that the interest is calculated upto 18.12.2018. Thus, the petitioner is liable to pay the interest @ 11% p.a. from 18.12.2018 till the date of payment. Learned counsel for the petitioner agrees to pay the said interest.
3. In view of the memo dated 14.03.2019 filed by the learned counsel for the petitioner, the civil revision petition is disposed of with a direction to the petitioner to deposit a sum of Rs.9,10,511/- along with interest @ 11% p.a. payable from 18.12.2018 till the date of deposit before the Executing Court.
4. After depositing the amount, the original Title Deed in respect of property given as security by the Guarantor with the respondent No.1/Bank shall be returned to the GPA holder of the petitioner.
Sd/- JUDGE KTY