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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
Kamuju Suryahari Shetty, S/o. Kamuju Sahebsetty – Appellant
Versus
A.S. Savukar, S/o. Late Shivappa Savukar – Respondent
ORDER :
PRADEEP SINGH YERUR, J.
Heard learned counsel - Sri Siddharth Suman for petitioner as well as learned counsel - Sri Sunil S. Rao for respondents.
2. The petitioner/judgment debtor is before this Court being aggrieved by the order dated 13.6.2025 passed by the LXII Additional City Civil & Sessions Judge, Bengaluru, in Execution Petition No.2553/2023. By the impugned order, the Executing Court issued arrest warrant against the petitioner/judgment debtor and also issued direction to the PSI of the concerned jurisdiction to assist the Bailiff to execute the arrest warrant against the petitioner/ judgment debtor.
3. The petitioner/judgment debtor has filed a suit in O.S. No.2408/2022 before the City Civil & Sessions Judge, Bengaluru, for the relief of permanent injunction. In the said suit filed by the petitioner/judgment debtor, the respondents/decree holders preferred a counter-claim, apart from filing the written statement.
4. Alongwith the suit, the petitioner/judgment debtor filed an application for Temporary Injunction restraining the respondents/decree holders from interfering with the petitioner's peaceful possession and enjoyment of the suit schedule property/premises. The s
The issuance of an arrest warrant against a judgment debtor must follow due process, including a proper application stating grounds for arrest, as mandated by relevant CPC provisions.
Arrest of a judgment-debtor for non-payment requires evidence of bad faith or willful neglect, and other execution methods must be considered first.
Arrest of a judgment-debtor in civil proceedings requires strict adherence to procedural safeguards and evidence of willful neglect to pay.
Arrest warrants against judgment debtors cannot be issued without exhausting property execution options as mandated by CPC; reasoned orders are essential in judicial decisions.
The burden lies on the decree-holder to prove that the judgment-debtor has the means to pay the decretal amount and is willfully evading payment, following the procedures laid out in the CPC.
Amendments to execution petitions may correct defects; simultaneous execution against debtor's person and property allowed under judicial discretion per CPC.
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