- 1 - NC: 2025:KHC:4005 WP No. 10908 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10908 OF 2024 (GM-CPC) BETWEEN: DINESH H R S/O RAJAPPA AGED ABOUT 46 YEARS R/O NO 122/1 GOPALA CIRCLE KUSHAL NAGAR HOBLI SOMWARPET TALUK KODAGU DISTRICT - 571234 …PETITIONER (BY SRI. NAGENDRA NAIK R.,ADVOCATE) AND: H K SATHISH S/O KITTAPPA GOWDA AGED ABOUT 45 YEARS R/O 1ST CROSS VIJAYANAGARA EXTENSION HOSAMANE CIRCLE CHIKKAMAGALURU - 577101 …RESPONDENT (BY SMT. LEELA P DEVADIGA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06/03/2024 PASSED BY TE PRINCIPAL DISTRICT AND SESSION JUDGE, MYSORE IN COM.EX. NO. 131/2023, AS PER ANNEXURE-A AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4005 WP No. 10908 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner-Judgment Debtor challenging the order dated 06.03.2024 passed by the II Addl. District Judge, Mysuru, in Com.Ex.No.131/2023, whereby, arrest warrant has been issued against the Judgment Debtor. 2. The respondent-Decree Holder had filed the suit i.e., Com.O.S.No.44/2021 for recovery of money. The suit came to be compromised on 12.03.2022. Since the Judgment Debtor failed to comply with the decree dated 12.03.2022, the Decree Holder filed Com.Ex.No.131/2023 before the II Addl. District Judge, Mysuru. During the pendency of the said proceedings, the Executing Court has passed the impugned order dated 06.03.2024 wherein, since the arrest notice issued to the Judgment Debtor - 3 - NC: 2025:KHC:4005 WP No. 10908 of 2024 returned as refused, arrest warrant has been issued against the judgment Debtor. Being aggrieved by the same, the present petition is filed by the petitioner- Judgment Debtor. 3. This Court at the time of preliminary hearing, on 25.04.2024, had ordered for issuance of emergent notice to the respondent and granted interim order, which reads as under: “Heard. Issue emergent notice to the respondent returnable by 03.06.2024. In the meanwhile, the impugned order dated 06.03.2024 passed in Com.Ex.No.131/2023 by the II Addl. District & Sessions Judge, Mysore, is hereby stayed, till the next date of hearing subject to the petitioner depositing Rs.50 lakhs on or before 21.05.2024 before the Trial Court. Liberty is reserved in favour of the respondent to seek vacation / modification of this order.” - 4 - NC: 2025:KHC:4005 WP No. 10908 of 2024 4. The interim order granted by this Court is operating from 25.04.2024 till today. 5. In that view of the matter, it is suffice for this Court to direct the Executing Court to dispose of the execution case as expeditiously as possible and to continue the interim order till the disposal of the execution case. 6. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Executing Court is directed to dispose of Com.Ex.No.131/2023, in accordance with law, and as expeditiously as possible, not later than six months from the date of receipt of copy of this order. c) Parties shall co-operate for the early disposal of the matter. - 5 - NC: 2025:KHC:4005 WP No. 10908 of 2024 d) It is made clear that the interim order granted by this Court shall continue to operate till the disposal of the execution case. e) If the petitioner-Judgment Debtor fails to proceed with the matter before the Executing Court and seeks for adjournment, the interim order granted by this Court shall stand vacated. In view of disposal of writ petition, all pending I.As., if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 45