- 1 - NC: 2025:KHC:6620 WP No. 33049 of 2024 C/W WP No. 33036 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33049 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 33036 OF 2024 (GM-CPC) IN WP No. 33049/2024 BETWEEN: SRI RAGHU KUMAR S/O RAMACHANDRAIAH AGED ABOUT 43 YEARS R/AT OPPOSITE TO INDIAN OVERSEAS BANK, MACHOHALLI MAGADI MAIN ROAD BENGALURU 560091. …PETITIONER (BY SRI. HEGDE V S.,ADVOCATE) AND: 1. SMT. GOWRAMMA B., W/O LATE DODDATHIMMAIAH AGED ABOUT 66 YEARS NO. F127,” VAIBHAV NILAYA” 5TH CROSS, 2ND MAIN BHARATH NAGAR 1ST STAGE BENGALURU - 560091. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6620 WP No. 33049 of 2024 C/W WP No. 33036 of 2024 2. SMT. MUNIRATHNAMMA W/O SRI SIDDARAJU S AGED ABOUT 49 YEARS R/AT NO.243, 6TH CROSS BHARATH NAGAR, I STAGE BENGALURU - 560091. …RESPONDENTS (BY SRI.H N SHASHIDHARA, SENIOR COUNSEL FOR SRI.H S SUHAS, ADVOCATE C/RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTIONS TO QUASH THE EXECUTION PETITION PENDING ON THE FILE OF XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN EX.NO.691/2023 AT ANNEXURE-F AND ETC. IN WP NO. 33036/2024 BETWEEN: SRI HEMANTH S/O NARASIMHA MURTHY AGED ABOUT 38 YEARS R/AT OPPOSITE TO INDIAN OVERSEAS BANK, MACHO HALLI MAGADI MAIN ROAD BENGALURU 560009. ...PETITIONER (BY SRI. HEGDE V S.,ADVOCATE) AND: 1. SMT. GOWRAMMA B W/O LATE DODDATHIMMAIAH AGED ABOUT 66 YEARS NO. F127, VAIBHAV NILAYA 5TH CROSS, 2ND MAIN - 3 - NC: 2025:KHC:6620 WP No. 33049 of 2024 C/W WP No. 33036 of 2024 BHARATH NAGAR 1ST STAGE BENGALURU - 560091. 2. SMT. MUNIRATHNAMMA W/O SRI SIDDARAJU S AGED ABOUT 49 YEARS R/AT NO.243, 6TH CROSS BHARATH NAGAR, I STAGE BENGALURU - 560091. ...RESPONDENTS (BY SRI.H N SHASHIDHARA, SENIOR COUNSEL FOR SRI. H S SUHAS., ADVOCATE FOR C/RESONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE DIRECTIONS TO QUASH THE EXECUTION PETITION PENDING ON THE FILE OF XXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN EX.NO.691/2023 AT ANNEXURE-F AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER These writ petitions are filed by the judgment debtor Nos. 7 and 6, respectively, under Article 227 of the Constitution of India challenging the order dated 16.11.2024 passed in Ex.No.691/2023 by the XXXIX Additional City Civil and Session Judge, Bengaluru, - 4 - NC: 2025:KHC:6620 WP No. 33049 of 2024 C/W WP No. 33036 of 2024 whereby the Executing Court has issued delivery warrant against the petitioners herein/judgment debtors, returnable by 12.12.2024. 2. The main contention of the petitioners is that the petitioners/judgment debtor Nos. 6 and 7 have filed objections to the execution petition. Without considering the same, the impugned order has been passed. Hence, on this ground alone, the said order requires to be set aside. 3. In view of the above, the following order is passed: (i) The writ petitions are allowed. (ii) The order dated 16.11.2024 passed in Ex.No.691/2023 by the XXXIX Additional City Civil and Sessions Judge, Bengaluru City, in respect of issuing delivery warrants to judgment debtor Nos. 6 and 7 is set aside. - 5 - NC: 2025:KHC:6620 WP No. 33049 of 2024 C/W WP No. 33036 of 2024 (iii) The Executing Court is directed to consider the objections filed by the judgment debtor Nos.6 and 7 and proceed with the matter, in accordance with law. (iv) In the meantime, the petitioners are directed to deposit the monthly rents, which they are now paying to defendant No.1-Venkatesh D., before the Executing Court, regularly. (v) All the contentions of the parties are left open. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 60