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THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
M/S. ASHRITHA HOUSE BUILDING CO-OPERATIVE SOCIETY – Appellant
Versus
SRI. P.D. CHANDRAKANTH – Respondent
| Table of Content |
|---|
| 1. the court details the jurisdictional basis for execution petitions and the need for adherence to local court authority. (Para 6) |
| 2. jurisdiction affirmed based on the location of assets and acceptance of court's process by the judgment debtor. (Para 11 , 12) |
| 3. final decision mandates jurisdictional adherence for execution, allowing transfer of proceedings. (Para 17 , 18) |
ORAL ORDER
This petition by the decree holder in Commercial Execution No.654/2023 is directed against the impugned order dated 16.10.2025 passed on I.A.No.2, whereby the said application filed by respondent No.3/JDR No.3 seeking dismissal of the Execution Petition on the ground of lack/want of territorial jurisdiction to adjudicate upon the execution proceedings was allowed by the Commercial Court, which dismissed the Execution Petition as not maintainable for want of territorial jurisdiction. The impugned order passed by the Executing Court reads as under:
"ORDER ON IA No.2 The Applicant/ JDR No.3 has filed present petition under Section 151 of CPC, seeking to dismiss the above execution petition as the same is not maintainable.
2. It is averred in the affidavit of JDR No.3 filed in support of the ap
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