- 1 - NC: 2025:KHC:479 WP No. 50864 of 2018 C/W WP No. 50862 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 50864 OF 2018 (GM-CPC) C/W WRIT PETITION NO. 50862 OF 2018 (GM-CPC) IN WP No. 50864/2018 BETWEEN: SRI ACHAINS ENTERPRISES REP. BY ITS PROPRIETOR, ACAN SRIHARI, S/O. A SUDHERSHAN, AGED ABOUT 43 YEARS R/AT FLAT NO. 303, SRI. KRISHNA PLAZA, PALANAHALLI VILLAGE, (VINAYAKANAGAR), KATTIGENAHALLI VILLAGE, JALA HOBLI, BENGALURU -560 065 …PETITIONER (BY SRI.CHENNARAYA REDDY, ADVOCATE) AND: M/S APEX WEB SERVICES AND ONLINE EDUCATION PVT. LTD., (A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956), REPTD. BY ITS MANAGING DIRECTOR, SRI. PENDYALA SURESH, AGED ABOUT 48 YEARS, S/O. LATE. SRI. R.P.KOTESHWAR RAO, H.NO. 36-137/3/1, DEFENSE COLONY, SAINIKPURI, SECUNDARABAD, TELENGANA -500 094 …RESPONDENT (BY MS.APOORVA K., FOR SRI. HARSHA R., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:479 WP No. 50864 of 2018 C/W WP No. 50862 of 2018 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 25.10.2018 PASSED ON I.A.NO.8 FILED UNDER SEC. 47 R/W SEC. 151 OF CPC MADE IN EX.NO. 2/2018 ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC AT DEVANAHALLI, AT ANNEXURE-L TO THE WRIT PETITION AND CONSEQUENTLY ALLOW THE SAME AND DISMISS THE EXECUTION PETITION. IN WP NO. 50862/2018 BETWEEN: SRI.ACHANI SRIHARI S/O. A SUDHERSHAN, AGED ABOUT 43 YEARS R/AT FLAT NO. 303, SRI. KRISHNA PLAA, PALANAHALLI VILLAGE, KATTIGENAHALLI VILLAGE, JALA HOBLI, BENGALURU -560 065 ...PETITIONER (BY SRI. C.SHANKAR REDDY, ADVOCATE) AND: SRI P.SURESH S/O. LATE. SRI. R.P.KOTESHWAR RAO, R/AT NO. 766, DEFENSE COLONY, OPP: CDM CANTEEN, SAINIKPUI, SECUNDARABAD, TELENGANA- 500 094 ...RESPONDENT (BY BY MS.APOORVA K., FOR SRI. HARSHA R., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 25.10.2018 PASSED ON I.A.NO.5 FILED U/S 47 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE MADE IN EX.NO.1/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, AS FOUND IN ANNEXURE-P TO THE WRIT PETITION AND CONSEQUENTLY ALLOW THE SAME AND DISMISS THE EXECUTION PETITION. - 3 - NC: 2025:KHC:479 WP No. 50864 of 2018 C/W WP No. 50862 of 2018 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER In W.P.No.50864/2018 Aggrieved by the order passed in I.A.No.8 in Ex.No.2/2018 dated 10.10.2018 by the Senior Civil Judge and JMFC, Devanahalli, the JDR is before this Court. 2. It is the case of the JDR that the DHR has filed the petition before the Mandala Legal Services Committee, Lok- adalath Bench at Malkagiri, R.R. District and the Trial Court had passed the order which comes within the jurisdiction of the Telangana and Andhra Pradesh States. According to him, the Lok-adalath has no jurisdiction to pass an order and that is non-est in the eye of law. As the said decree which is passed by the Trial Court without jurisdiction is a nullity, JDR has come up with an application under Section 47 Read with Section 151 CPC to dismiss the petition filed by the DHR seeking execution which came to be dismissed by the Trial Court. - 4 - NC: 2025:KHC:479 WP No. 50864 of 2018 C/W WP No. 50862 of 2018 3. While dismissing the petition, the Trial Court had observed that against the award passed by the Lok-adalath, he had filed WP.Nos.3164 and 3395/2018 before the High Court at Hyderabad and the same was dismissed. Thereafter, he had carried the same to the Hon’ble Apex Court and that also came to be dismissed. Further, the Trial Court had observed that the Trial Court being an Executing Court is bound to execute the decree since the property is situated within the jurisdiction of the Trial Court and dismissed the application. 4. Learned counsel appearing for the petitioner/JDR has reiterated the very same contentions that are raised before the Trial court and also before the High Court in WP.Nos.3164 and 3395/2018 and he submits that the Trial Court ought to have considered the application filed by him under Section 47 Read with Section 151 of CPC. 5. Learned counsel appearing for the respondent/ DHR submits that the Trial Court had rightly considered all the aspects and rightly dismissed the application. It is submitted that the Executing Court is bound to execute the decree which has attained finality. - 5 - NC: 2025:KHC:479 WP No. 50864 of 2018 C/W WP No. 50862 of 2018 6. Having heard the learned counsels on either side, perused the material placed on record. In an execution petition, the petitioner is questioning the legality of the award passed. In respect to the said award, the matter was carried till the Hon’ble Apex Court and it has attained finality and the Executing Court cannot go beyond the decree and that issue cannot be decided by the Trial Court under Section 47 of CPC. In the considered opinion of this Court, the Trial Court had rightly considered all these aspects and dismissed the petition. Hence, this Court finds no reasons to interfere with the well considered order. Accordingly, the W.P.No.50864/2018 is dismissed. In W.P.No.50862/2018 7. Aggrieved by the order passed in I.A.No.5 in Ex.No.1/2018 dated 25.10.2018 by the Senior Civil Judge and JMFC, Devanahalli, the JDR is before this Court. 8. The JDR has filed an application under Section 47 Read with Section 151 of CPC stating that the execution petition is not maintainable. It is the case of the JDR that the DHR has filed the petition before the Mandala Legal Services - 6 - NC: 2025:KHC:479 WP No. 50864 of 2018 C/W WP No. 50862 of 2018 Committee, Lok-adalath Bench at Malkagiri, R.R. District and the Trial Court had passed the order which comes within the jurisdiction of the Telangana and Andhra Pradesh States. According to him, the Lok-adalath has no jurisdiction to pass an order and that is non-est in the eye of law. As the said decree which is passed by the Trial Court without jurisdiction is a nullity, JDR has come up with an application under section 47 Read with Section 151 CPC to dismiss the petition filed by the DHR seeking execution which came to be dismissed by the Trial Court. 9. While dismissing the petition, the Trial Court had observed that against the award passed by the Lok-adalath, he had filed WP.Nos.3164 and 3395/2018 before the High Court at Hyderabad and the same was dismissed. Thereafter, he had carried the same to the Hon’ble Apex Court and that also came to be dismissed. Further, the Trial Court had observed that the Trial Court being an Executing Court is bound to execute the decree since the property is situated within the jurisdiction of the Trial Court and dismissed the application. - 7 - NC: 2025:KHC:479 WP No. 50864 of 2018 C/W WP No. 50862 of 2018 10. Learned counsel appearing for the petitioner/JDR has reiterated the very same contentions raised before the Trial court and also before the High Court in WP.Nos.3164 and 3395/2018 and he submits that the Trial Court ought to have considered the application filed b78y him under Section 47 Read with Section 151 of CPC. 11. Learned counsel appearing for the respondent/ DHR submits that the Trial Court had rightly considered all the aspects and rightly dismissed the application. It is submitted that the Executing Court is bound to execute the decree which has attained finality. 12. Having heard the learned counsels on either side, perused the material placed on record. In the execution petition, the petitioner is questioning the legality of the award passed. The award was carried to the Hon’ble Apex Court and it has attained finality. In that case the Executing Court cannot go beyond the decree and the issue that is raised cannot be decided by the Trial Court under Section 47 of CPC. In the considered opinion of this Court, the Trial Court had rightly considered all these aspects and dismissed the petition. Hence, - 8 - NC: 2025:KHC:479 WP No. 50864 of 2018 C/W WP No. 50862 of 2018 this Court finds no reasons to interfere with the well considered order. Accordingly, this Court is passing the following: ORDER i. Accordingly, the W.P.No.50864/2018 and W.P.No.50862/2018 are dismissed. ii. All I.As., in these writ petitions, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 40