Dismissal of Execution Petition Due to Pending Supreme Court SLP Upheld.


04 July 2025 Civil Writ Petition >> Civil & Consumer Law  

This writ petition of Puttamma & Others v/s The Central Bank Of India, Bangalore & Others, filed under Article 227 of the Constitution of India, challenged an order dated January 11, 2018, which dismissed an execution petition (Ex.P.No.2710/2015) with liberty to refile. The petitioners sought to execute a judgment and decree from O.S.No.14/1980.

The core of the dispute revolves around two interconnected suits: O.S.No.14/1980 and O.S.No.12/1980. The petitioners argued that the property in O.S.No.14/1980 was not the subject of a pending Special Leave Petition (SLP) before the Supreme Court, which arose from an appeal (RFA No.526/1998) related to O.S.No.12/1980. They contended that the execution should proceed, and if there was an overlap, a stay, not a dismissal, would have been appropriate.

 
 

However, the respondents argued that the property in O.S.No.14/1980 (Godown No.11, Kumbarpet, Bengaluru) is indeed item No. 5 in their counter-claim in O.S.No.12/1980. This counter-claim property was part of the proceedings in RFA No.526/1998, which subsequently led to the pending SLP (Special Leave to Appeal (Civil) No.12645/2010) before the Supreme Court. The Supreme Court had issued a status quo order on May 13, 2010, regarding "the properties in question."

The Court, after considering both arguments, found that the property in O.S.No.14/1980 is, in fact, covered by the Supreme Court's status quo order. Therefore, the Executing Court's decision to temporarily dismiss the execution petition, granting liberty to file a fresh one after the Supreme Court's decision on the SLP, was deemed correct and caused no prejudice to the petitioners. The writ petition was consequently dismissed as being without merit.