Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.7540 OF 2024 (GM-CPC)
BETWEEN:
1.
SRI J.R. SHANMUKHAPPA AGED ABOUT 76 YEARS, S/O LATE REVAPPA, R/AT DOOR NO.1988, AYURVEDA HOSPITAL ROAD, MCC "A" BLOCK, DAVANAGERE-577 006. …PETITIONER (BY SRI NARASIMHA PRASAD S.D., ADVOCATE)
AND:
1.
SRI N.T. GANESH AGED ABOUT 52 YEARS, S/O THIPPESWAMY, R/AT DOOR NO.317, DCM TOWNSHIP, C BLOCK, DAVANAGERE-577 006. …RESPONDENT
(BY SRI HAREESH BHANDARY T., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER DATED 30.01.2024, IN EXECUTION PETITION NO.227/2017, PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., AT DAVANAGERE (VIDE ANNEXURE-E HEREIN) AND CONSEQUENTLY HOLD THAT THE DECREE IS FULLY SATISFIED AND DISMISS THE ABOVE EXECUTION PETITION NO.227/2017, ETC.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
1. This petition by the judgment debtor in Ex.No.227/2017 on the file of the II Additional Senior Civil Judge and JMFC, Davanagere, is directed against the impugned order dated 30.01.2024 whereby the memo of calculation submitted by the respondent/decree holder was accepted by the Executing Court which directed the petitioner to pay a balance sum of Rs.11,33,340/- to the respondent. 2. Heard learned counsel for the petitioner, learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent/decree holder instituted the aforesaid proceeding against the petitioner/judgment debtor pursuant to the judgment and order dated 20.06.2016 passed in O.S.No.77 of 2011 and confirmed by this Court in W.P.No.49027/2016. 4.
Before the Executing Court, the respondent filed a memo of calculation (Annexure-C) which reads as under: - 3 - HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024 "MEMO OF CALCULATION FILED ON BEHALF OF THE DECREE HOLDER 21-06-2010 Το 11-6-2020 48,00,000-00 Days 3640 X789 -04 Interest + 28,72,109-58 Balance 76,72,109-58 Less by cheque from highcourt 23,68,800-00 -------------------------------------------------------------------------------- 12-06-2020 Το 23-12-2021 53,03,309-58 Days 560 X 871-77 Interest + 4,88,195-07 Balance 57,91,504-65 By cash 2,00,000-00 -------------------------------------------------------------------------------- 24-12-2021 Το 13-01-2022 55,91,504-65 Days 21 X 919-15 Interest + 19,302-18 Balance 56,10,806-83 By cash 2,00,000-00 -------------------------------------------------------------------------------- 14-01-2022 Το 18-02-2022 54,10,806-83 Days 36 X 889-44 Interest + 32,020-11 Balance 54,42,826-94 By cash 2,00,000-00 -------------------------------------------------------------------------------- 19-02-2022 Το 10-03-2022 52,42,826-94 Days 20 X 861-83 Interest + 17,236-69 Balance 52,60,063-63 By cash 2,00,000-00 -------------------------------------------------------------------------------- 11-03-2022 Το 23-05-2022 50,60,063-63 Days 74 X 831-79 Interest + 61,552-55 Balance 51,21,616-18 By cash 2,00,000-00 -------------------------------------------------------------------------------- 24-05-2022 Το 22-06-2022 49,21,616-18 Days 30 X 809-03 Interest + 24,270-98 Balance 49,45,887-16 By cash 2,00,000-00 -------------------------------------------------------------------------------- 23-06-2022 Το 29-07-2022 47,45,887-16 Days 37 X 780-14 Interest + 28,865-36 Balance 47,74,747-52 By cash 2,00,000-00 -------------------------------------------------------------------------------- - 4 - HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024 30-07-2022 Το 22-08-2022 45,74,747-52 Days 24 X 752-01 Interest + 18,048-31 Balance 45,92,795-00 By cash 2,00,000-00 --------------------------------------------------------------------------------- 23-08-2022 Το 22-09-2022 43,92,795-83 Days 31 X 754-98 Interest + 23,404-38 Balance 44,16,200-21 By cash 2,00,000-00 -------------------------------------------------------------------------------- 23-09-2022 Το 20-10-2022 42,16,200-21 Days 28 X 693-07 Interest + 19,406-07 Balance 42,35,606-28 By cash 2,00,000-00 -------------------------------------------------------------------------------- 21-10-2022 Το 21-11-2022 40,35,606-28 Days 32 X 663-38 Interest + 21,228-39 Balance 40,56,834-67 By cash 2,00,000-00 -------------------------------------------------------------------------------- 22-11-2022 Το 13-12-2022 38,56,834-67 Days 22 X 634 Interest + 13,948-00 Balance 38,7,782-67 By cash 2,00,000-00 -------------------------------------------------------------------------------- 14-12-2022 Το 12-01-2023 36,70,782-67 Days 30 X 603-41 Interest + 18,102-48 Balance 36,88,885-15 By cash 2,00,000-00 -------------------------------------------------------------------------------- 13-01-2023 Το 21-03-2023 34,88,885-15 Days 68 X 573-51 Interest + 38,999-04 Balance 35,27,884-19 By cash 7,00,000-00 -------------------------------------------------------------------------------- 22-03-2023 Το 29-05-2023 28,27,884-19 Days 69 X 464-85 Interest + 32,075-17 Balance 28,59,959-36 By cash 2,00,000-00 -------------------------------------------------------------------------------- 30-05-2023 Το 17-07-2023 26,59,959-36 Days 49 X 437-25 Interest + 21,425-42 Balance 26,81,384-78 - 5 - HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024 By cash 2,00,000-00 -------------------------------------------------------------------------------- 18-07-2023 Το 07-08-2023 24,81,384-78 Days 21 X 407-89 Interest + 8,565-87 Balance 24,89,950-65 By cash 3,00,000-00 -------------------------------------------------------------------------------- 08-08-2023 Το 05-09-2023 21,89,950-65 Days 29 X 359-99 Interest + 10,439-76 Balance 22,00,390-41 By cash 2,00,000-00 -------------------------------------------------------------------------------- 06-09-2023 Το 25-09-2023 20,00,390-41 Days 25 X 328-83 Interest + 8,220-78 Balance 20,08,611-19 By cash
3,00,000-00 -------------------------------------------------------------------------------- 26-09-2023 Το 25-10-2023 17,08,611-19 Days 30 X 280 -86 Interest + 8,426-02 Balance 17,17,037-21 By cash 3,00,000-00 -------------------------------------------------------------------------------- 26-10-2023 Το 09-11-2023 14,17,037-21 Days 15 X 232-93 Interest + 3,494-06 Balance 14,20,531-27 By cash 2,62,270-00 -------------------------------------------------------------------------------- 11,58,261-27 5. The petitioner/judgment debtor filed objections (Annexure-D) to the said memo of calculation and furnished his own memo of calculation, which reads as under:
"OBJECTIONS TO MEMO OF CALCULATION OF THE DECREE HOLDER DATED 13-12-2023 FILED BY THE
JUDGMENT DEBTOR IN THIS CASE. - 6 -
HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024
The Judgment Debtor above named most respectfully begs to submit as hereunder:
1. It is submitted that the Memo of Calculation filed by the Decree Holder before the Hon'ble Court on 13-12-2023 is false, misleading and without any basis and the same being far from truth, deserves to be rejected at once by this Hon'ble Court and more so in view of his having claimed illegally a sum of Rs.1,30,23,217-00 including the alleged interest of Rs.82,09,167-00 calculated at a super higher and abnormal rate more than 6% per annum allowed by this Hon'ble Court and confirmed by the Hon'ble High Court of Karnataka, Bangalore and also cost of copies of Rs.5,000-00 and Present Execution cost of Rs.4,050-00 being claimed without any basis and hence, on this ground alone, the above Execution Petition deserves to be dismissed in limine. 2. It is submitted that further as against his own calculations made at the time of the above Petition on 23-9-2017, the Decree Holder has filed another misleading and false Memo of Calculation before the Hon'ble Court on 24-2-2021 which is again false, incorrect and it does not tally with either the first Memo of Calculation or the recent of Memo of Calculation dated 13-12-2023 and hence, on this ground also, the present Memo of Calculation being false and ill motivated, deserves to be rejected at once by this Hon'ble Court. - 7 -
HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024
3. It is further submitted that the Decree Holder, illegally and without any basis and without any order or direction of the Hon'ble Court or of the Hon'ble High Court of Karnataka, Bangalore, has calculated the interest on interest without any basis and that itself is highly illegal and the same cannot be made the basis for present Memo of Calculation and the same thus deserves to be rejected by this Hon'ble Court. 4.
It is submitted that the Decree Holder himself had filed a Memo of Calculation on 24-2-2021 before the Hon'ble Court which was also far from truth and misleading also and though the Decree Holder knew that this Judgment Debtor has paid and deposited a sum of Rs.23,68,800-00 in his R.F.A. 681/2017 before the Hon'ble High Court of Karnataka, Bangalore on 17-1-2018, still, without mentioning the date of deposit and with an ulterior motive he had simply mentioned it as paid and deducted from out of the total amount claimed and hence, that Memo of Calculation filed on 24-2-2021 itself was false and misleading and hence, the same cannot be looked into by this Hon'ble Court. 5. It is submitted that inspite of being aware of the facts that the Judgment Debtor has deposited a sum of Rs.23,68,800-00 in his R.F.A. No.681/2017 before the Hon'ble High Court of Karnataka, Bangalore on 17-1-2018 through a Demand Draft bearing
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HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024
No.471365 dated 17-1-2018 payable at State Bank of India, Bengaluru, drawn in the name of the Registrar General, Hon'ble High Court of Karnataka, still, had not mentioned the same in his Memo of Calculations dated 24-2-2021 filed before the Hon'ble Court. For kind perusal of the Hon'ble Court, a Photostat copy of the Demand Draft given by the Judgment Debtor dated 18-1-2017 is herewith enclosed. 6.
It is submitted that the Decree Holder has still committed the same intentional and grave mistake even in his Memo of Calculations dated 13-12-2023 filed before the Hon'ble Court where he has only shown payment of the amount of Rs.23,68,800-00 after calculation of the interest on Rs.48,00,000-00 for a period of almost 10 years although the same was paid on 17-1-2018 to make it look as if it is paid to him on 11-6-2020 whereas the said payment is made by the Judgment Debtor on 17-1-2018 and hence, the whole calculation made without considering all these material aspects and by suppressing them, is patently false, misleading, illegal and tainted with malafides with a view to extract more money from the Judgment Debtor and to inflict upon him unnecessary economic burden without any basis of whatsoever nature. 7. It is submitted that the Memo of Calculation filed by the Judgment Debtor before the Hon'ble Court on 9-3-2021 was showing that he was due to the Decree Holder in a sum of Rs.50,62,270-00 as at 8-3-2021. - 9 -
HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024
8. It is submitted that thereafter, the Judgment Debtor has gone on making payment of several amounts to the Decree Holder before the Hon'ble Court in the following manner:-
Date Amount
23-12-2021
Rs.2,00,000-00
13-01-2022
Rs.2,00,000-00 18-02-2022
Rs.2,00,000-00
10-03-2022
Rs.2,00,000-00 23-05-2022
Rs.2,00,000-00
22-06-2022
Rs.2,00,000-00 29-07-2022
Rs.2,00,000-00 22-08-2022
Rs.2,00,000-00
22-09-2022
Rs.2,00,000-00 20-10-2022
Rs.2,00,000-00 21-11-2022
Rs.2,00,000-00 13-12-2022
Rs.2,00,000-00 12-01-2023
Rs.2,00,000-00 21-03-2023
Rs.7,00,000-00 29-05-2023
Rs.2,00,000-00
17-07-2023
Rs.2,00,000-00 07-08-2023
Rs.3,00,000-00
05-09-2023
Rs.2,00,000-00 23-09-2023
Rs.3,00,000-00 25-10-2023
Rs.3,00,000-00 08-11-2023
Rs.2,62,270-00 Total- Rs.50,62,270-00 Amount paid in
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HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024
RFA No.681/2017/17-01-18
Rs.23,68,800-00 Total-
Rs.74,31,070-00
9. It is further submitted that thus, after 8-3-2021, the
Judgment Debtor has in all paid a sum of Rs.50,62,270-00 to the Decree Holder and hence, as on the last payment date i.e. on 8-11-2023, he had paid the entire arrears and he was not due to the Decree Holder in any amount and though the Decree Holder is aware of all these facts, still, with a view to unlawful gain for himself and to cause wrongful loss to this Judgment Debtor and to harass him, he has come up with this latest false and illegal Memo of Calculation without any basis of whatsoever nature.
Therefore, it is most humbly prayed that this Hon'ble Court be pleased to order for rejecting the Memo of Calculations of the Decree Holder and order for recording full satisfaction of the Decree sought to be executed in this case and dismiss the above Petition accordingly, in the interest of justice, equity and good conscience."
6. Despite the memo of calculation filed by both sides, the Executing Court has summarily accepted the memo of calculation submitted by the decree holder without considering the memo of calculation filed by the petitioner/judgment debtor and as such,
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HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024
without expressing any opinion on merits/demerits of the rival
contentions of the parties, I deem it appropriate to set aside the impugned order and remit the matter back to the Executing Court to reconsider the claims of both the respondent/decree holder and the petitioner/judgment debtor.
7. In the result, I pass the following:
ORDER (i) The petition is allowed; (ii) The impugned order dated 30.01.2024 passed by the II Additional Senior Civil Judge and JMFC, Davanagere, in Ex.No.227/2017 is set aside; (iii) The matter is remitted back to the Executing Court to reconsider the claims of both the respondent/decree holder and the petitioner/judgment debtor as per their respective memos of calculations and proceed further and dispose of the execution proceedings in accordance with law as expeditiously as possible; (iv) Both the parties are reserved liberty to file fresh memos of calculations, if required;
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HC-KAR NC: 2026:KHC:4055 WP No. 7540 of 2024
(v) The amount of Rs.2,00,000/- (Two Lakhs) deposited by the petitioner before the Executing Court shall be disbursed in favour of the respondent/decree holder immediately without any delay.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
hkh. List No.: 1 Sl No.: 4