- 1 - HC-KAR NC: 2025:KHC:49510 WP No. 35938 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.35938 OF 2025 (GM-CPC) BETWEEN: 1. SRI. SURESH V SHETH S/O VITTAL RAO.G.SHETH AGED ABOUT 51 YEARS, 2. SMT.VEENA S SHETH W/O SURESH V SHETH AGED ABOUT 51 YEARS PETITIONERS 1 & 2 ARE R/AT NO.317/9, 6TH BLOCK JAYANAGAR 24TH CROSS, 2ND MAIN WARD NO.59, YEDIYUR BENGALURU - 560 082 …PETITIONERS (BY SRI. N SHARATH.,ADVOCATE) AND: 1. KARNATAKA STATE FINANCE CORPORATION A BODY CORPORATE ESTABLISHED UNDER THE SFC ACT 1951 (CENTRAL ACT NO. LXII OF 1951) HAVING ITS HEAD OFFICE AT NO.1/1 THIMMAIAH ROAD BENGALURU - 560 052 REPRESENTED BY ITS DEPUTY MANAGER (LEGAL) RECOVERY - II 2. M/S INDIAN INSTITUTE OF COMPUTER SCIENCE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49510 WP No. 35938 of 2025 D/O LATE. CHIKKAMUDDAIAH AGED ABOUT 61 YEARS R/AT SEEGEHALLI VILLAGE BIDARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU - 560 049 3. SRI.M.V.VENUGOPAL S/O SRI. VENKATASWAMY NAIDU MAJOR NO.427, CORPORATION NO.13 3RD MAIN ROAD, I 'A' CROSS MATHIKERE BENGALURU -560 054 4. SMT. SUBHASHINI, W/O. SRI. M.V.VENUGOPAL MAJOR R/AT NO.427, CORPORATION NO.13 3RD MAIN ROAD, I 'A' CROSS MATHIKERE BENGALURU -560 054 5. SRI.B.S.SUNDAR S/O. K.M.SUBRAMANIAM MAJOR R/AT H-52, 2ND CROSS, NAGAPPA BLOCK, BENGALURU -560 021 6. SRI.V.SHANMUGAM S/O. LATE.K.VENKATESH MAJOR R/AT NO.151, 6TH CROSS 9TH MAIN NTI LAYOUT VIDYARANYAPURA BENGALURU - 560 097 7. SMT.PADMA NAGARAJ W/O. LATE. NAGARAJ MAJOR - 3 - HC-KAR NC: 2025:KHC:49510 WP No. 35938 of 2025 8. SRI.N.CHANDRAMOHN, S/O LATE. NAGARAJ MAJOR 9. SMT.RADHA NAGARAJ, D/O. LATE.NAGARAJ, MAJOR RESPONDENTS NO.7 TO 9 ARE R/AT NO.316/8, 24TH CROSS 2ND MAIN, 6TH BLOCK, JAYANAGAR YEDIYUR BENGALURU -560 082 … RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING DIRECT THE HONBLE XLII ADDI CITY CIVIL AND SESSIONS JUDGE (CCH-43), BENGALURU, TO ENABLE THE PETITIONERS TO FILE AND CONSIDER THE OBJECTOR APPLICATION BY ADVANCING THE MATTER OR PROCEEDINGS AS SOUGHT FOR IN ADVANCE APPLICATION FILED BY THE PETITIONERS UNDER SECTION 151 OF CPC IN EX CASE NO.1718/2014 AS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioners. 2. This Court does not find any need to issue notice to the respondents for the reason that the prayer sought in the writ petition reads as under: - 4 - HC-KAR NC: 2025:KHC:49510 WP No. 35938 of 2025 "Direct the Hon'ble XLII Addl. City Civil & Sessions Judge (CCH-43) to enable the petitioners to file and consider objector application by advancing the matter or proceedings in Ex.Case No.1718/2004 as sought for in advance application dated 20.11.2025 filed by the petitioners under section 151 of CPC as produced at Annexure-A" 3. It is the contention of learned counsel for petitioners that petitioners were sought to be impleaded by Respondent No.1/decree holder in Ex.Case No.1718/2004 pending on the file of the XLII Addl. City Civil & Sessions Judge (CCH-43), Bengaluru. The impleading application came to be rejected by the Executing Court vide order dated 23.10.2025. However, the Executing Court observed that the present petitioners can resist the execution petition only by invoking the provisions of Order-XXI of the Code of Civil Procedure. 4. Accordingly, the petitioners filed an application under Section 151 of the Code of Civil Procedure in Execution Case No.1718/2004 for advancement of the case so as to enable them to resist the case by invoking the provisions of Order-XXI of CPC. However, the advancement application is not considered by the Executing Court and therefore, the - 5 - HC-KAR NC: 2025:KHC:49510 WP No. 35938 of 2025 petitioners could not present the application under Order - XXI of CPC. Being aggrieved by the same, the petitioners are before this Court. 5. On perusal of the order dated 3.11.2025 in Ex. Case No.1718/2004, it is seen that the Executing Court has fixed the spot sale on 30.11.2025 and Court sale on 15.12.2025. In view of the same, since the petitioners may have a right in the property in question, the Executing Court is directed to accept the advancement application so also the application, if any filed by the petitioners under Order-XXI of CPC and consider the same and pass suitable orders forthwith. 6. Accordingly, the petition is disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 2 Sl No.: 2