ORDER

Aggrieved by the order dated 14.09.2020 passed in IA No.2 Ex. No.25287/2019 on the file of the XIII Additional City Civil Judge, Bengaluru, the judgment debtor is before this Court.

2. The respondent herein, who is the decree holder had filed O.S. No.25696/2017 and the Trial Court has allowed the same by way of a judgment and decree dated 06.10.2018. Then the decree holder has filed execution petition in Ex.No.25006/2019 and as per the same, the judgment debtor had to pay an amount of Rs.3,75,000/-. As per the compromise entered into between the parties before the Special Lok Adalat for senior citizens, and in terms of the joint memo filed by the parties, the judgment debtor agreed to pay arrears of rent in three installments i.e., first installment, a sum of Rs.75,000/- to be paid on 15.05.2019, second installment a sum of Rs.1,25,000/- to be paid on 15.06.2019 and final installment, a sum of Rs.1,25,000/- to be paid on 15.07.2019. As the judgment debtor failed to comply with the same, decree holder had filed the present execution petition.

3. It is stated that earlier when the Trial Court has issued attachment warrant against the judgment debtor, the decree holder along with the Court bailiff visited the residence of the judgment debtor and could not able to find any valuable things to compensate the decree amount. Hence, they could not attach any movable properties belonging to the judgment debtor. As such, they have filed the application – I.A No.2 to issue arrest warrant against the judgment debtor.

4. The judgment debtor has filed his objections stating that he is tenant in possession and enjoyment of the suit schedule property. It is stated that he is unable to pay the amount as he has incurred losses in his business. He has filed a memo along with list of articles worth more than Rs.3,75,656/- and the decree holder has refused to recover the articles from the judgment debtor. It is stated that the application filed for issuance of arrest warrant is not maintainable and accordingly, sought for dismissal of the said application.

5. The Court below considered the submission on behalf of both the parties and recorded the contention of the judgment debtor that now also he is ready for recovery of the articles worth more than Rs.3,75,655/-. The articles were already in the shop which are branded articles. Therefore, the Court below has ordered that the decree holder has to take steps for attachment of movables and immovable properties standing in the name of the judgment debtor. Aggrieved thereby, the petitioner - judgment debtor has come before this Court.

6. When the matter came up for admission before this Court, this Court had granted stay of further proceedings in Ex. No.25287/2019 subject to the payment of an amount of Rs.1,85,000/- to the respondent within a period of four weeks from the date of order and the said order is extended from time to time. In compliance with the orders passed by this Court, a memo is filed by the petitioner stating that he has handed over a demand draft of Rs.1,61,000/- to the respondent / decree holder on 23.08.2022 and the remaining balance was collected by the respondent on 25.07.2022 at about 3.35 p.m., by way of cash in front of Sri Nanjundaswamy H.T, Court Ameena, Police Constable his brother and brother-in-law. The respondent collected money from his brother i.e., an amount of Rs.11,000/- withdrawn from the Indian Bank ATM, Thyagi Doreswamy Road and remaining Rs.4,500/- from the shop and out of his pocket. Learned counsel for the petitioner submits that by way of another demand draft dated 05.11.2022 drawn on Indian Bank, Commercial Street Branch, Bengaluru, in favour of “The Registrar City Civil Court Bangalore”, an amount of Rs.24,000/- was paid. It is submitted that they have complied with the interim order.

7. Now, when the matter came up for hearing, learned counsel for the respondent submits that except the demand draft, they have not received any cash. It is the contention o