D.K.RAJANNA Vs. L.VENKATESH

JUDGEMENT

(1.) The petitioner is a Judgment Debtor (JDR) and the respondent is a Decree Holder (DHR). The DHR had obtained a decree in O.S.No.161/2000 on 29.10.2001 for a sum of Rs.48,000/- and pursuant to the said decree, he initiated execution proceedings in EP No.66/2004.

(2.) In the said execution proceedings, the Executing Court had issued an arrest warrant dated 26.08.2005 to the JDR. When the said warrant was taken by the bailiff for execution, the DHR made the following endorsement on the warrant; varnacular text omitted

(3.) As could be seen from the said endorsement, the DHR admitted receipt of the entire decreetal amount and also endorsed that no other money was due to him. However, thereafter, on 24.09.2005 the DHR filed objections before the Executing Court contending that the JDR had paid only a sum of Rs.33,000/- and he had actually not agreed to receive a sum of Rs.33,000/-. He submitted that the JDR was required to pay the balance directed amount to the DHR. He also stated that he was forced to take the money of Rs.33,000/- at the instance of panchayatdars and he stated that with no other alternative, both the bailiff and himself, were forced to sign on the warrant to the effect that full settlement has been made when actually the JDR was still required to pay further sums. The DHR accordingly requested the Executing Court to issue a fresh warrant of sale proclamation.