Bangalore District Court
Margadarsi Chits K Pvt Ltd vs Nagaraja M S on 29 March, 2025
Ex.No.129/2025 ORDERS The decree holder filed this Execution Petition to execute the Recovery Certificate issued by the Deputy Registrar of Chits, 1 st Zone, Margosa Road, Malleshwaram, Bengaluru in Dispute No.DRB-1/CFS/89/2023-24 under Section 71(a) of Chit Funds Act.
The office has raised the objection stating that judgment debtors are not residing within the jurisdiction of this Court.
Heard the learned Counsel for the decree holder on the office objection.
The learned Counsel for the decree holder relied the judgment of the Hon'ble High Court of Karnataka in the case between Shriram Chits (Bangalore) Limited, Mangalore V/s Panchakshari and another [2006 (6) Kar.L.J. 652].
In the said judgment, the Hon'ble High Court of Karnataka held that the certificate issued by the Joint Registrar itself is sufficient to file it before the competent Court for execution. If such Court has no jurisdiction, it can transfer the decree under Section 39 of the Code of Civil Procedure to the competent Court.
Ex.No.129/2025 In the light of the above, I perused the materials available on record.
As stated above, this Execution Petition is filed by the decree holder against the judgment debtors to execute the Recovery Certificate issued by the Deputy Registrar of Chits, 1 st Zone, Margosa Road, Malleshwaram, Bengaluru in Dispute No.DRB-1/CFS/89/2023-24 under Section 71(a) of Chit Funds Act. All the judgment debtors are residing at Kunigal Taluk, Tumkur District. The immovable property sought to be attached in this petition is situated not within the territorial jurisdiction of this Court. It is situated within the territorial jurisdiction of the Court situated at Kunigal, But, under Section 39(4) of the Code of Civil Procedure, this Court has jurisdiction to execute the decree under execution against the judgment debtors and the property which is situated out side the local limits of this Court. Therefore, the office objection raised in this case is over ruled.
Issue Cause Notices to Judgment Debtors No.2 to 8 by RPAD.
Ex.No.129/2025 Call on 21.06.2025 (VEDAMOORTHY B.S.) XXXI Addl. City Civil & Sessions Judge, Bengaluru.