IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5th DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13143/2019 C/W WRIT PETITION NO.13164/2019 (GM-RES) In W.P.No.13143/2019 BETWEEN:
M/s.Karnataka State Construction Corporation Limited, Employees Association (Registered), Rep. by its General Secretary, Nirman Bhavan, Dr.Rajkumar Road, 1st Block, Rajajinagara, Bengaluru-560 010. … Petitioner (By Sri.Ambaji Rao Najre, Advocate) AND:
1. J.Chengama Naidu, S/o.J.Rama Naidu, Aged about 55 years, Contractor, No.287/B, 9th A Main Road, 40th Cross, 5th Block, Jayanagar, Bengaluru-560 041.
2. M/s.Karnataka State Construction Corporation Limited, Nirman Bhavan, Dr.Rajkumar Road, 1st Block, Rajajinagara, Bengaluru-560 010, By its Managing Director. … Respondents (By Sri.Vivekananda.T.P, Advocate for C/R-1; Sri.Girish Kumar.C.S, Advocate for R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 12.03.2019 passed by learned LXV Additional City Civil and Sessions Judge at Bengaluru (CCH-66) in execution petition No.1001/2014 vide Annexure-J and etc., In W.P.No.13164/2019 BETWEEN:
M/s.Karnataka State Construction Corporation Limited, Nirman Bhavan, Dr.Rajkumar Road, 1st Block, Rajajinagara, Bengaluru-560 010, By its Managing Director. …Petitioner (By Sri.Girish Kumar.C.S, Advocate) AND:
J.Chengama Naidu, S/o.Late J.Rama Naidu, Aged about 60 years, Contractor, No.287/B, 9th A Main Road, 40th Cross, 5th Block, Jayanagar, Bengaluru-560 041. …Respondent (By Sri.T.P.Vivekananda, Advocate for C/R) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 12.03.2019 passed by learned LXV Additional City Civil and Sessions Judge at Bengaluru (CCH-66) by rejecting the I.A u/s.151 of CPC filed by the petitioner to recall the order dt.19.1.2019 & allowed I.A under Order 21 Rule 46 and 46A r/w.Sec.151 of CPC filed by the respondent to direct the garnishees to deposit the rental amounts in execution No.1001/2014 which is produced as Annexure-A and etc., These Petitions coming on for Orders, this day, the Court made the following:-
ORDER Sri.Ambaji Rao Najre, learned counsel for the petitioner in W.P.No.13143/2019 and Sri.Girish Kumar.C.S, learned counsel for the petitioner in W.P.No.13164/2019.
Sri.T.P.Vivekananda, learned counsel for respondent No.1 in W.P.No.13143/2019 and for respondent in W.P.No.13164/2019. Sri.Girish Kumar.C.S, learned counsel for Respondent No.2 in W.P.No.13143/2019.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a writ of certiorari for quashing of the order dated 12.03.2019 passed by the Executing Court in Execution proceedings. The Executing Court, by the impugned order, has directed the tenants of the Judgment Debtor to deposit the amount of rent before the Executing Court in execution proceedings.
4. When the matters were taken up today, learned counsel for the petitioner submitted that the petitioner is employee of the Judgment Debtor and unless the tenants deposit the rent, employees shall not be paid the salary. However, it is submitted by the learned counsel for the petitioner that with regard to their grievance, the petitioner has filed a petition under Section 47 of the Code of Civil Procedure, 1908 before the Executing Court. However, the aforesaid petition has not been adjudicated by the Executing Court and the Writ Petition be disposed of with a direction to the Executing Court to adjudicate the petition preferred by the petitioner.
5. In view of aforesaid facts and submission made by the learned counsel for the petitioner, the Petitions are disposed of with the direction to the Executing Court to dispose of the petition filed by the petitioner under Section 47 of the Code of Civil Procedure, 1908 by a speaking order after hearing all the parties.
Accordingly, the Petitions are disposed of.
Sd/- JUDGE BNV