CHANDA Vs. SHRIDHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 30.10.2018 passed in Execution Petition No.51/2018 on the file of the Principal Senior Civil Judge, Gokak.

(2.) The respondent No.2 had raised the dispute before the Respondent No.1 under the provisions of Karnataka Co-operative Societies Act, 1959, wherein an award has been made directing the petitioners and other respondents therein to pay a total amount of Rs.1,60,90,774/- with interest at 15% per annum from 09.12.2017 till date of full payment along with costs of Rs.2,170/-. Pursuant to which respondent No.2 - The Chikkodi Mahila Co-op. Society Ltd., Chikkodi has filed execution petition i.e. E.P.No.51/2018 before the Senior Civil Judge, Gokak at Gokak seeking for Rs.1,67,82,273/- against the Judgment Debtors/Petitioners herein. The Execution Court has issued attachment warrant of movables of Judgment Debtor Nos.1 to 3 & 9 dispensing with the notice to the other Judgment Debtors. Being aggrieved, the petitioners are before this Court.

(3.) The learned counsel for the petitioners contended that, no notice has been issued to the Judgment Debtors before issuing attachment warrants. Secondly, order for attachment of movables of only the Judgment Debtors No.1, 2, 3 & 9 excluding other Judgment Debtors goes contrary to Order 21 Rule 22 and the Karnataka Amendment thereto. Elaborating the arguments on these two points, the learned counsel sought for setting aside the order impugned by allowing the writ petition.