AIR 2017 KARNATAKA 10 ::2016 (4) AKR 721 ::(2017) 1 CivLJ 486 ::(2017) 1 ICC 378

Karnataka High Court

Hon'ble Judge(s): Aravind Kumar , J

Civil P.C. (5 of 1908) , O.21 R.11— Execution - Two simultaneous execution petitions filed by decree-holder against principal debtor and guarantor - Maintainable - Direction by executing court to decree-holder to amend said petitions so as to conform claim made in said simultaneous execution petitions would not exceed decretal amount put together - Not tenable. A decree holder would be entitled to file two execution petitions for realizing or recovering the decretal amount due from two judgement debtors, when judgment and decree passed against them is joint and several. As such, 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.(Para 20 21) The decree holder would be entitled under law to proceed against different judgment debtors simultaneously and in the instant case judgment debtors being separate and decrees being separate, two execution petitions filed by decree holder will necessarily have to be held as maintainable which is also finding given by execut....