LAWS(KAR)-2019-6-203

A G JAGADEESH CHANDRA Vs. ASHOK S

Decided On June 06, 2019
A G Jagadeesh Chandra Appellant
V/S
Ashok S Respondents

JUDGEMENT

(1.) Petitioner, being the judgment-debtor in respondent's Execution No.160/2014 is invoking the writ jurisdiction of this Court for assailing the order dated 10.10.2014 whereby, his application in I.A.No.V filed under section 144 r/w section 151 of CPC is rejected by the learned Principal Civil Judge, Shivamogga. The respondent after service of notice, has entered appearance through his counsel and opposes the writ petitions.

(2.) It is the case of the petitioner/judgment debtor that H.R.C.No.12/2013 filed by the respondent/decree holder for eviction, having been rejected, the trial Court had directed the petitioner to deposit arrears of rent quantified at Rs.2,070/- within one month, failing which he was to deliver vacant possession of the schedule premises; petitioner drew PMC Bank cheque for the decreetal sum favouring the respondent, on 01.09.2014, which the respondent refused to receive on 10.09.2014 and therefore, the petitioner had filed the application on 12.09.2014 seeking permission of the court to make the deposit of the said amount, which came to be allowed on 15.09.2014.

(3.) When this was the position, the court below vide order dated 15.09.2014, without noticing its permission to deposit the arrears of rent, issued the delivery warrant in respondents Execution Petition No.160/2014; petitioner deposited the amount in the court on 22.09.2014 and on the same day, petitioner has been evicted by the court process and the respondents have been put in its occupation. Therefore, petitioner filed his application seeking restitution under section 144 r/w 151 of CPC, 1908 which ought to have been allowed by the court below but which has been rejected vide impugned order.