IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 11 OF 2020 (EX)

BETWEEN:

1. SRI. T LAKSHMANA S/O THIMMEGOWDA AGED ABOUT 45 YEARS

2. SMT. HEMAVATHI W/O T LAKSHMANA AGED ABOUT 38 YEARS BOTH ARE RESIDING AT NO.36 BEHIND URDU SCHOOL, S M ROAD, PANDAVAPURA MANDYA - 571 428.

…PETITIONERS (BY SRI. K.L. SREENIVAS, ADVOCATE)

Digitally signed by SHARADAVANI AND:

B Location: HIGH COURT OF M/S. SRI NANJUNDESHWARA CHITS (P) LTD., KARNATAKA D NO.26, 1ST FLOOR DEVARAJA URS ROAD, MYSURU - 570 001, REP. BY ITS MANAGING PARTNER.

…RESPONDENT (BY SRI. N. NARESH, ADVOCATE)

THIS CRP IS FILED UNDER SECTION 115 OF CPC 1908 AGAINST THE ORDER DATED 07.09.2019 PASSED IN EX NO 39/2010 ON THE FILE OF THE II ADDL.CIVIL JUDGE AND JFMC, PANDAVAPURA DISMISSING THE APPLICATION FILED UNDER SEC.151 OF CPC BY THE PETITIONER HEREIN.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri K.L.Sreenivas, learned counsel for the revision petitioners. None appears for the respondent.

The judgment debtors in Ex.No.39/2010 on the file of the II Additional Civil Judge and JMFC, Pandavapura, are the revision petitioners challenging the order passed by the Executing Court on an application filed under Section 151 CPC.

2. Facts in a nutshell, which are utmost necessary for disposal of the present petition, are as under:

An execution petition came to be filed for the execution of the decree passed in suit No.P.R.N.B.36/2005-06. The decree holder is the managing partner of Nanjundeshwara Chits Private Limited, who obtained the decree against the judgment debtors for the recovery of sum of ₹2,32,745/-.

3. The revision petitioners did not challenge the decree;

but contended before the execution petition that a decree passed by the Deputy Registrar of Cooperative Societies under the Chit Funds Act cannot be executed by the Civil Court. 4. An application was also filed in that regard under Section 151 of CPC by the revision petitioner before Executing Court. Same was opposed by the decree holder.

5. Learned Judge in the Executing Court dismissed the said application on merits, inter-alia, holding in paragraph Nos.

6 to 8 of the impugned order, which reads as under:

"6. It is pertinent to note here that before passing this order, it is useful to refer the provision of Sec.71 of Chit Fund Act, 1982 which reads as under:

"71. Money how recovered - Every order passed by the Registrar or the nominee under Section 68 or Section 69 and every order passed by the State Government in appeal under Section 70 for payment of any money shall, if not carried out, -

(a) on a certificate issued by the Registrar, be deemed to be a decree of a Civil Court, and shall be executed in the same manner as a decree of such Court, or (b) be executed in accordance with the provisions of any law for the time being in force for the recovery of amounts as arrears of land revenue; Provided that no application for execution under clause (b) shall be made after the expiry of three years from the date fixed in the order, and if no such date is fixed, from the date of the order."

7. In the light of the above provisions, it reveals that, certificate issued by Registrar under Chit Fund Act shall be deemed to be a decree of the Civil Court and shall be executed in the same manner as to decree of such court. Further such petition shall be filed within 3 years from the date of order and if no such date is fixed from the date of order. Further the award passed by DRCS on 17.2.2006, the D.Hr filed this petition on 11.6.2010. As per the Article 136 of Indian Limitation Act, 1963, for the execution of any decree (other than decree of granting of mandatory injunction) or order of any civil court shall be enforceable within 12 years from the date of decree. Hence, it is clear the D.Hr filed this petition within a period of 12 years from the date of awa