Order 21 Rule 11 CPC does not bar simultaneous executions.-A decree holder would be entitled to file two execution petitions for realizing or recovering the decretal amount due from two judgment debtors, when judgment and decree passed against them is joint and several. [20] and [21]
(a) However, in case of two execution petitions being filed namely, one for arrest of judgment debtor and other execution petition is filed to proceed against the property of same judgment debtor, then in such a situation, executing Court may refuse execution against the person and property of said judgment debtor at the same time as indicated in Order 21 Rule 30 CPC. [20]
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(a) However, in case of two execution petitions being filed namely, one for arrest of judgment debtor and other execution petition is filed to proceed against the property of same judgment debtor, then in such a situation, executing Court may refuse execution against the person and property of said judgment debtor at the same time as indicated in Order 21 Rule 30 CPC. [20]
(b) The reasoning adopted by the Executing Court either in holding that two simultaneous execution petitions filed by the decree holder against the principal debtor and the guarantor is not maintainable or directing the decree holder to amend the execution petitions so as to conform the claim made in two simultaneous execution petitions would not exceed the decretal amount put together cannot be sustained. [21]
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
W.P. Nos. 32399, 32400, 32402, 32403, 32404, 32401 and 32405/2015 (GM-CPC)
Decided On: 29.04.2016
PAFCO 2916 INC. and Ors.
Vs.
Kingfisher Airlines Limited and Ors.
Hon'ble Judges/Coram:
Aravind Kumar, J.
Citation: AIR 2017 karnat 10
