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2017 Supreme(Kar) 114

B.S.PATIL
JAGADISH, S/O OBALESHAPPA – Appellant
Versus
KENCHAMMA, W/O LATE RANGAPPA – Respondent


Advocates Appeared:
For the Petitioner: Sri SIDDAPPA B.M.
For the Respondents: Sri VIJAYA M.N.

ORDER :

1. Challenge in this writ petition is to the order passed by the Executing Court in E.P.No.165/2012 directing arrest of petitioner vide order dated 30.05.2016 produced at Annexure-B.

2. Facts leading to this writ petition briefly stated are that respondents herein filed M.V.C.No.89/2011 against petitioner claiming compensation for causing personal injuries on account of his negligent act. By the judgment and award dated 03.04.2012 claim made by respondents was allowed awarding compensation of Rs.4,10,000/.

3. Respondents filed execution petition seeking recovery of the amount awarded before the I Additional Senior Civil Judge, Chitradurga. In the said execution petition, arrest warrant was issued against petitioner on 13.12.2013. The arrest warrant was executed and petitioner was sent to civil prison on 11.07.2014. He was released on 11.08.2014. It is stated that judgment debtor has paid a sum of Rs.10,000/- on 12.08.2014 and the case was posted for enquiry. However, at that stage, again arrest warrant was issued on 15.11.2014. On 03.01.2016 petitioner was arrested and brought before the Court and the trial Court sent the petitioner to civil prison. It is stated by petitioner




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