A.KASTURI Vs. VISHALAKSHI

JUDGEMENT

(1.) Petitioner being the Decree Holder in Execution Petition No.722/2019 is invoking the writ jurisdiction of this Court for assailing the order dated 20.11.2019, a copy whereof is at Annexure-A whereby the learned VII Additional City Civil Judge, (CCH-19), Bengaluru, has dismissed the said execution case on the ground of limitation and for the same reason, he has rejected the application filed under Order XXI Rule 32(1) of CPC, 1908 seeking arrest & detention of the Judgment Debtor; the other reason for dismissal of Execution Petition is that the Decree in question is inexecutable.

(2.) Though the respondent Judgment Debtor has entered Caveat, his learned counsel has remained absent in the consecutive hearings; he is absent now too despite pass over in the morning session.

(3.) Having heard the learned counsel for the petitioner and having perused the petition papers, this Court grants reprieve to the Decree Holder for the following reasons: