| First Appeal No. A/1649/2019 | | ( Date of Filing : 06 Dec 2019 ) | | (Arisen out of Order Dated 18/11/2019 in Case No. EA/108/2011 of District Bangalore 1st & Rural Additional) |
| | | | 1. M/s Presidency group | | Skanda, 14th cross, Mahalakshmi Layout, Bangalore-86 Rep. by its Managing Partner V.Bhaskar Reddy, No.717, Poornashashi complex, 2nd floor, 2nd stage, Cord road, Modi Hospital road, Basaveshwaranagar, Bangalore-560086 Also at: V.Bhaskar Reddy, No.1, Sherdhta, Kuvempunagar, Opp. City Engineers, | | Doddakallasandra post, | | Kanakapura road, Bangalore 560062 |
| ...........Appellant(s) | |
| Versus | | 1. Janananda Ganapathi | | S/o Ganapathi Shankar Naik, Aged about 45 years, R/a No.1179, 1st floor, 2nd Main, 7th block, Hosakerehalli, BDA layout, BSK 3rd stage, Bangalore 560085. | | Karnataka | | 2. Manjunath Bhat | | S/o Thimmanna Bhat, Aged about 40 years, R/a No.38/2, Sri Rama Krupa, NAT Street, Basavanagudi, Bangalore-560004 | | Karnataka |
| ...........Respondent(s) |
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| Final Order / Judgement | Dtd.11.03.2024 A/1578 & 1649/2019 COMMON ORDER IN A/1578 & 1649/2019 BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER. - These two appeals are filed by Appellant namely one of the Jdr aggrieved by the impugned order dated 25.10.2019 and 18.11.2019 passed in EA/101/2020 and EA/108/2011 on the file of 1st Addl., District Forum, Bengaluru urban.
- These appeals are filed U/s.27A of CPA 1986 which provides for appeal against the order passed U/s.27. Sec.27 of CPA 1986 provides for penalties.
- Let us examine the impugned order passed in EA/101/2020, wherein Executing Forum held “Mr.V.Bhaskar Reddy representing the Presidency Royal Firm is dodging to pay the amount and protracting the proceeding. Hence satisfied to issue arrest warrant and also the proclamation against him to be served through the concerned jurisdictional police/Commissioner of Police with a request letter to instruct his sub-ordinates to execute the NBW and also the proclamation well in time” and in EA/108/2011 the Executing Forum ordered to issue arrest warrant and reminder to concerned police. Thus, these orders are assailed in these appeals, which in our view is not maintainable, since issuance of arrest warrant or NBW or issuance of proclamation order is not a final order passed by Executing Forum to prefer an appeal U/s.27A. Hence held these appeals are not maintainable. In other words, the Executing Forum is still to hold an enquiry by securing presence of the Jdr as to how the decree obtained by the Dhr has to be satisfied following the procedure known to law. In such circumstances, these two appeals are hereby summarily dismissed as not maintainable with no order as to cost.
- Send a copy of this Order to the District Commission and parties to the appeal.
Judicial Member *NS* | |
