Executing Court’s Order Set Aside: Karnataka High Court Allows Reopening of Execution Proceedings in Specific Performance Suit
In a significant ruling, the High Court of Karnataka at the Kalaburagi Bench, presided over by the Hon’ble Ms. Justice Jyoti Mulimani, has set aside an order of the Executing Court, which had previously dismissed a decree holder’s application for depositing the balance sale consideration amount in a specific performance suit. This decision, dated January 20, 2024, marks a crucial point in the case (WRIT PETITION NO. 201451 OF 2022) involving parties Sri. Amresh and Sri. Nagappa.
The petitioner, Sri. Amresh, had earlier filed a suit for specific performance against the respondent, which was decreed by the Trial Court in 2014. Despite this, the respondent failed to execute the sale deed, leading the petitioner to initiate execution proceedings. However, the Executing Court had temporarily closed these proceedings, citing the decree holder’s failure to take effective steps for executing the sale deed.
In an application under Section 151 of the Civil Procedure Code, the petitioner sought permission to deposit the balance sale consideration. The Executing Court, however, dismissed this application on the grounds of non-reopening of the case. Challenging this order, the petitioner approached the High Court under Article 227 of the Constitution of India.
Justice Mulimani, in her judgment, emphasized, “If the Decree holder makes an application for reopening of the execution proceedings, the Executing Court may accept the applications and pass appropriate orders for reopening of the case and accept the balance sale consideration amount.” This statement underlines the High Court’s approach towards ensuring justice in the execution of decrees.
The High Court, after careful consideration of the arguments and the writ papers, concluded that the Executing Court’s rejection of the application was not just and proper. Consequently, the High Court ordered a Writ of Certiorari, quashing the order of the Executing Court dated February 9, 2022. The High Court’s decision paves the way for the petitioner to reopen the execution proceedings and deposit the balance sale consideration amount, thereby moving a step closer to the fulfillment of the Trial Court’s decree.
Date of Decision: 20 January 2024
SRI. AMRESH VS SRI. NAGAPPA
