IN THE COURT OF THE PRINCIPAL CITY CIVIL AND

SESSIONS JUDGE AT BENGLAURU

Ex.Case No. of 2022

IN
Criminal Appeal No.1/2020
Under Order 21 Rule 11 of the Code of Civil Procedure ……………………………

Decree-Holder’s Name : (1) Narasingarao

Number of Suit Criminal Appeal No. 1/2020

Decree Holder Narasingarao

S/o Keshavarao
Aged about 61 years
No.433/10, 2nd Stage,
BHEL Layout South,
Rajarajeshwarinagar,
Bengaluru -560 098

Mr. G. Durgappa
Judgment Debtor S/o G. Lakshmappa
Aged about 50 years
“Deekshit”
1st Floor, No. 22/A, 10th Cross,
Muneshwara Layout, Ullala
Main Road, Jnana Jyothi Nagar,
Janan Bharathi, Bangalore -560 056

No. and Trial Court I Appellate High Court

Date of Decree C.C.No.1226/201 Court R.S.A.No.
8 Crl.Appeal D/D
D/D: 03.12.2019 1/2020 NIL
D/D
23.02.2022

Whether any appeal

has been preferred - NIL -
from the Decree
Payment or
adjustment made, if - NIL -
any
Previous application if - NIL -
any,
With date & result
Rs. P.
1. Decree Amount …… …
32,5000/-
2. Interest on Principle Amount … -
3. Costs awarded in the Suit … -

4. Costs of the Appellate Court … -

5. High Court Costs … -

6. Costs of Copies … -
7. Previous Execution Costs … -
8. Present Execution Costs … 1,000/-
9. Advocate’s Fee …
1,000/-
10. …………………………….. …
-
TOTAL …
32,5000/-

Balance … 32,5000/-

Against whom The Judgment Debtor/s

to be executed
1) Arrest of Judgment Debtor and detention as per
criminal Prison.
Mode in which the
2) Attachment of movables/immovable properties in the
assistance of the name of Judgment Debtor.
court is sought
3) pass other suitable orders

Advocate for Decree Holder Decree Holder

I / We the Decree Holders above named do hereby declare that what is
stated above is true to the best of my / our knowledge, information and
belief.

Place: Bangalore
Date: DECREE HOLDER
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE AT BENGLAURU

Ex.Case No. of 2022

IN
Criminal Appeal No. 1/2020

BETWEEN:

Sri. Narasingarao …. Decree-Holder

AND:

Sri. G. Durgappa .... Judgment debtor

LIST OF MOVABLES

1. Chairs, Tables, Furniture’s, vehicles, car, cash

and jewels at home.
2. Computers, Laptops,
3. All the movables available at the time of
attachment at the house of the Judgment Debtor
in address shown in the cause title.

Place: Bangalore ADVOCATE FOR DECREE HOLDER

Date:
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE AT BENGLAURU

Ex.Case No. of 2022

IN
Criminal Appeal No. 1/2020

BETWEEN:

Sri. Narasingarao …. Decree-Holder

AND:

Sri. G. Durgappa .... Judgment debtor

AFFIDAVIT

I, Narasingarao, S/o Keshavarao, Aged about 61

years, No.433/10, 2nd Stage, BHEL Layout South,
Rajarajeshwarinagar, Bengaluru -560 098, do hereby
solemnly affirm and state on oath as follows:-

1. I submit that I am the Decree Holder in the above

case, I am well conversant with the facts of the case
and hence I am swearing to this affidavit.

2. I submit that, I filed the case against the judgment

debtor before the XXII Additional Chief Metropolitan
Magistrate Court at Bangalore, in C.C. No. 1226/2018,
after contested the matter the Hon’ble Trial Court passed
the judgment dated 03.12.2019 convicting the accused
and sentencing him to pay fine of Rs. 3,25,000/-, the
Judgment Debtor challenging the order of conviction in
criminal appeal No. 1/2020, during the pendency of the
criminal appeal both the Decree Holder and Judgment
debtor compromised the matter for a sum of Rs.
2,30,000/-, and filed a joint memo before the Hon’ble
Court, on 23.03.2022 the Judgment Debtor deposit the
amount of Rs. 65,000/- in court and the remaining
amount the judgment debtor agreed to pay through six
Installments on or before 02.08.2022 as per the joint
memo, even after lapse of Eight months also the plaintiff
has not come forward to pay the installments nor
followed the order passed by the Hon’ble Court, the
Judgment Debtor agreed if he fails to pay the amount the
Decree Holder reserve right to file a execution.

3. I submit that, even though the Hon’ble Court

passed a judgment on the basis of joint memo
compromise between the parties, the JDR without
giving any scant respect to the judgment passed by
the Hon’ble Court, the Judgment debtor has not
paid the amount as agreed by him. The Decree
Holder approached the judgment debtor on several
occasions and demanded for payment of the said
decreed amount. However the judgment debtor has
failed and neglected to abide by the terms and
conditions of the award.

4. I state that the JDR has no intention of honoring

the Joint Memo signed by him and as such has
continued to defraud himself by willfully submitting
6 cheques which have all bounced thereby
 completely disregarding the sanctity of the
agreement reached by him. Furthermore the
compromised amount reached by the Parties is
conditional on the fact that the JDR continues to
fulfill his duties by ensuring he follows the payment
schedule set out in the Joint memo, failing which
the full amount of Rs. 3, 25,000/- must be collected
and thus, the property of the JDR must be attached
to ensure his dues are promptly paid in full,

5. I submit that the JDR has time and again failed to

live up to the promises he has made and as such
the Hon’ble Court be pleased to pass the order for
the attachment and sale of movable properties of
the Judgment Debtor and kindly pray for the arrest
and imprisonment of the Judgment Debtor as in the
interest of justice.

6. I submit that the decree holder will be put to

irreparable loss, damage and injury, and has been
put to great financial difficulties as a result of the
non-payment of the Judgment Debtor’s dues,
Furthermore the decree holder will be denied and
deprived of enjoying the fruits of the decree, if the
said order is not issued.

WHEREFORE, I most respectfully pray that this

Hon'ble Court be pleased to pass the order as prayed in
the execution petition in the above case, in the interest of
justice and equity.
 I, the deponent, do hereby solemnly affirm that this
is my name and signature and the contents of this
affidavit are true and correct to the best of my knowledge
and belief.

Identified by me,

DEPONENT
Advocate
Palce: Bangalore
Date:
 IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE AT BENGLAURU

Ex.Case No. of 2022

IN
Criminal Appeal No. 1/2020

BETWEEN:

Sri. Narasingarao …. Decree-Holder

AND:

Sri. G. Durgappa .... Judgment debtor

LIST OF DOCUMENTS

1. Certified copy of order in Criminal Appeal No. 1/2020

dated 23.02.2022
2. Certified copy of the XXII Additional Chief Metropolitan
Magistrate Court at Bangalore, in C.C. No. 1226/2018,
Court passed the judgment dated 03.12.2019
3. Original 6 cheque

Place: Bangalore
Date: ADVOCATE FOR DECREE HOLDER
 IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE AT BENGLAURU

Ex.Case No. of 2022

IN
Criminal Appeal No. 1/2020

BETWEEN:

Sri. Narasingarao …. Decree-Holder

AND:

Sri. G. Durgappa .... Judgment debtor

INDEX

Sl. Description Page No.

No.
1. Memorandum of Execution Petition
2. List of Document and Document
3. Vakalath

Place: Bangalore
Date: ADVOCATE FOR DECREE HOLDER