- 1 - NC: 2025:KHC:2562 WP No. 30384 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 30384 OF 2024 (GM-CPC) BETWEEN: 1. 2. DEVRAJULU H B, S/O LATE BASAIAH, AGED ABOUT 82 YEARS, RAMESWARA TEMPLE BUILDING, 1ST CROSS, CHAMARAJAPET, BANGALORE-560 018. M/S. SKT & COMPANY, A PARTNERSHIP FIRM, RAMESWARA TEMPLE BUILDING, 1ST CROSS, CHAMARAJA PET, BANGALORE-560 018. REP. BY MANAGING PARTNER SRI H.B DEVARAJULU. …PETITIONERS (BY SRI T B KIRAN KUMAR.,ADVOCATE) AND: 1. BANGALORE WATER SUPPLY SEWERAGGE BOARD, CAUVERY BHAVAN, K.G ROAD, BANGALORE-560 009. REP. BY ITS CHAIRMAN/CAO DECREE HOLDER. 2. URBAN DEVELOPMENT DEPARTMENT, STATE GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001. REP. BY ITS SECRETARY. …RESPONDENTS (BY SMT. RADHA RAMASWAMY, AGA FOR R-2; Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2562 WP No. 30384 of 2024 NOTICE NOT ORDERED TO RESPONDENT NO.1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT WAIVER OF POST DECRETAL INTEREST OF RS. 49,59,942 LAKHS (18% ON THE PRINCIPLE AMOUNT DECREASED IN O.S 1171/1983) CLAIMED IN THE EX, NO. 2328/2019, AND MODIFY THE SAME WITH INTEREST AT 3% ON THE PRINCIPLE AMOUNT FROM THE DATE OF SUIT TILL 23.10.2019, PENDING BEFORE XVI ADDITIONAL CITY CIVIL JUDGE (C.C.H. N012) AT ANNEXURE=A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER Learned Additional Government Advocate is directed to take notice for respondent No.2. 2. This petition is filed by the judgment debtors under Article 227 of the Constitution of India seeking for the following relief: "Directing waiver of post decretal interest of Rs.49,59,942 lakhs (18% on the principal amount decreed in O.S.1171/1983) claimed in the Ex.No.2328/2019, and modify the same with interest at 3% on the Principal amount from the date of suit till 23.10.2009, pending before XVI - 3 - NC: 2025:KHC:2562 WP No. 30384 of 2024 Additional City Civil Judge (CCH No.12) at Annexure-A." 3. The respondent No.1 has filed suits for recovery of money in O.S.Nos. 1171/1983 and 1477/1983. The trial Court by judgment and decree dated 02.03.2002 has passed the following order: "In the result, the main suit of the plaintiff in O.S.No.1171/1983 is hereby ordered and decreed as under: 1. It is hereby ordered and decreed, that the plaintiff Board, is entitled to recover the suit sum of Rs.7,60,382.02 Ps. (Rupees seven lakhs sixty thousand three hundred eighty-two and two paise only) from all the defendants No.1 to 15, who are jointly and severally liable to pay the same to the plaintiff along with future interest at the rate of 18% per annum on a sum of Rs.7,59,882.02 (Rupees seven lakhs fifty nine thousand eight hundred eighty two and two paise only) from the date of suit till the complete realization of the same. 2. It is further ordered and decreed that all the defendants shall pay the entire cost of the suit of the plaintiff Board, and shall bear their own. - 4 - NC: 2025:KHC:2562 WP No. 30384 of 2024 So far as the clubbed O.S.No.1477/83 is concerned: In the result, the suit of the plaintiff - firm against the defendants is hereby dismissed with costs." 4. The Decree of the trial Court has been challenged before this Court by filing regular first appeal in R.F.A.No.950/2002. This Court by order dated 23.10.2009 has dismissed the appeal and confirmed the judgment and decree passed by the trial Court. Thereafter, the decree holder has filed Execution Petition in Ex. No. 2328/2019. The decree holder has made a claim of Rs.58,10,523/- considering the interest of 18% per annum. Being aggrieved by the same, the petitioner is before this Court. 5. Learned counsel for the petitioner contends that the interest calculated before the Executing Court at 18% is on the higher side and the same is contrary to the provisions of the Contract Act and such an exorbitant interest cannot be levied. Therefore, petitioners sought for reduction of interest. - 5 - NC: 2025:KHC:2562 WP No. 30384 of 2024 6. The trial Court has allowed the suit and passed a decree to pay a sum of Rs.7,60,382.02 with interest at 18% per annum. The decree has been confirmed by this Court in R.F.A.No.950/2002 by order dated 23.10.2009. Under these circumstances, the decree holder rightly made a claim before the Executing Court, calculating interest at 18% per annum. There is no error or illegality in the said claim. There is no ground made out for interference. 7. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE VP