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Arrest warrant in Execution Case

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF MARCH, 2023

BEFORE
THE HON’BLE MR JUSTICE SREENIVAS HARISH KUMAR
WRIT PETITION NO. 5834 OF 2023 (GM-CPC)
Between:

Sri Chandrappa
S/o. Kenchappa,
Aged about 56 years,
Chief Executive Officer,PACS, Banoor,
Banoor Post,Sakharayapatna Hobli,Kadur Taluk,Chikkamagaluru District-577548 …Petitioner
(By Sri Srikanth N.V., Advocate)

And:

Sri Krishna
Since dead by LRS
1. Smt. Radha
W/o. Late Krishna,
Aged about 42 years, House wife,
R/a Nazeer Sab Badavane,
Subhash Nagar, Kadur Town,Kadur Taluk,Chikkamagaluru District 577548

2. Ranjith Kumar
S/o. Late Krishna,
Aged about 23 years,
R/o Antharagange Village and Post,
Antharagange Hobli, Bhadravathi Taluk, Shivamogga District 577245

3. Roopa K.,
D/o Late Krishna,
Aged about 25 years, Student
R/a Nazeer Sab Badavane,
Subhash Nagar, Kadur Town, Kadur Taluk, Chikkamagaluru District 577548 …Respondents

This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash the impugned order dated 15.10.2022 on the file of II Additional Civil Judge and JMFC, Kadur in Ex.P.No.36/2020 as per Annexure-A and etc.

This Writ Petition coming on for preliminary hearing, this day, the court made the following:

ORDER 

Heard Sri Srikanth N V, learned counsel for the petitioner at the stage of preliminary hearing.

2. The petitioner is the judgment debtor in Ex.No.36/2020 on the file of the II Additional Civil Judge and JMFC, Kadur. The respondents are the decree holders.

3. It appears that the respondents applied for arrest of judgment debtor and therefore the trial court passed an order issuing arrest notice to the petitioner/judgment debtor. This is the order challenged here.

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4. Whenever arrest of the judgment debtor is sought, the procedure is to issue arrest notice to the judgment debtor. It does not mean that the moment arrest notice is issued, judgment debtor will be arrested. Judgment debtor may appear before the court and put forth his claim as to why he should not be arrested. In this view, the writ petition does not sustain. It is dismissed.

SD/-

JUDGE KMV

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