- 1 - HC-KAR NC: 2025:KHC:44169 WP No. 17150 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 17150 OF 2024 (GM-CPC) BETWEEN: MR. R. PRASANNA S/O RANGEGOWDA AGED ABOUT 54 YEARS NO 16, 2ND FLOOR, 1ST MAIN PALACE GUTTAHALLI BENGALURU - 560 003. …PETITIONER (BY SRI G.M. SHARATH KUMAR, ADV., FOR SRI VASEEMUDDIN A, ADV.) AND: M/S MARGADARSHI CHITS KARNATAKA PVT. LTD. REPT BY ITS FOREMAN NO 541, 2ND FLOOR, OPP CHURCH CBI MAIN ROAD, HMT LAYOUT R.T. NAGAR BRANCH R.T. NAGAR, BENGALURU - 560 032 REGISTER UNDER KARNATAKA CHIT FUND ACT 1982. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO SET ASIDE IMPUGNED ORDER DATED 14/06/2024 PASSED BY THE HONBLE COURT OF XIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-28) BENGALURU, IN EX. NO. 2453/2023 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44169 WP No. 17150 of 2024 ORAL ORDER 1. Judgment-debtor no.1 is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 14.06.2024 passed in Execution No.2453/2023 by the Court of XIV Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned Counsel for the petitioner. 3. Respondent no.1 herein has filed Execution No.2453/2023 for recovery of Rs.16,70,282/- against the respondents who are judgment-debtors in proceedings bearing Dispute No.DRB-1/CFS/97/2022-23 which was allowed by the Deputy Registrar of Chits on 17.06.2023. In the said proceedings, the Executing Court has issued attachment warrant against the movables of the judgment-debtors. Assailing the said order, judgment-debtor no.1 is before this Court. 4. Learned Counsel for the petitioner submits that the judgment-debtor is ready and willing to pay 50% of the decreetal amount immediately and the balance would be paid if - 3 - HC-KAR NC: 2025:KHC:44169 WP No. 17150 of 2024 some time is granted. He submits that the order impugned has caused untold hardship to the petitioner. 5. Perusal of the material on record would go to show that the Executing Court on 20.01.2024 at the request of the decree-holder has issued attachment warrant against the movables of the judgment-debtors and the vide the order impugned dated 14.06.2024, the said order is reiterated having taken note of the fact that process fee has been paid by the decree-holder. 6. From a perusal of the order sheet in Execution No.2453/2023, it appears that order of issuing attachment warrant against movables of the judgment-debtor is a provisional order, and therefore, it is always open to the judgment-debtors to file their statement and request the Executing Court to raise the attachment. 7. Order XXI Rule 53 of CPC provides for adjudication of claims or objections to attachment of property. A reading of the said provision of law makes it very clear that whenever an objection is raised to the attachment of any property sought to - 4 - HC-KAR NC: 2025:KHC:44169 WP No. 17150 of 2024 be attached in an execution proceedings, it is always open for the judgment-debtor to bring to the notice of the court that such property is not liable for attachment for the reasons put forward by the judgment-debtor and in such an event, the court shall proceed to adjudicate upon the claim/objection in accordance with the provisions contained under Order XXI Rule 58 of CPC. 8. Undisputedly, the petitioner herein has not raised any objection before the Executing Court seeking to raise the attachment warrant issued against the movable property belonging to him. Therefore, it is always open for the petitioner to make a prayer as provided under Order XXI Rule 58 CPC, and in such an event, the Trial Court shall consider the same on merits and pass appropriate orders as provided under Order XXI Rule 58 CPC. Petitioner is at liberty to raise such objection by filing application before the Executing Court within a period of four weeks from today and in the event such an application is filed before the Executing Court, till the Executing Court passes a final order with regard to attachment of movables of the petitioner, no precipitative action shall be taken pursuant to - 5 - HC-KAR NC: 2025:KHC:44169 WP No. 17150 of 2024 the provisional order of attachment passed by the Executing Court which is challenged in this petition. 9. With the above observations, this writ petition is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KK