- 1 - HC-KAR NC: 2025:KHC:45817 WP No. 14941 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 14941 OF 2019 (GM-CPC) BETWEEN: SMT. REJIMA W/O M. VENKATESH MURTHY AGED ABOUT 56 YEARS R/A NO.36, KODIGEHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH BANGALORE - 560 054. …PETITIONER (BY SRIRAVI KUMAR B.R, ADV., FOR SRI T. PRAKASH, ADV.) AND: 1. SADIKA LOGISTICS A PROPRIETORSHIP CONCERN BY ITS PROPRIETOR:SUNEETHA D/O B K JAYAKUMAR AGED ABOUT 53 YERAS R/A NO.48, 2ND MAIN LAZAR LAYOUT, FRAZER TOWN BANGALORE - 560 005. 2. TYCOON TRADERS REPRESENTED BY ITS PROP. VENKATESH MURTHY OFF AT NO.477 5TH MAIN, DOLARS COLONY RMV 2ND STAGE BANGALORE - 560 094. 3. VENKATESH MURTHY S/O MUNIYAPPA AGED ABOUT 54 YEARS POORNIMA BUILDING NO.24/1, IST FLOOR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45817 WP No. 14941 of 2019 HMT MAIN ROAD NEAR RAMAIAH COLLEGE BUS STOP, BANGALORE - 560 054 ALSO R/A NO.36 SUSANNIDHI 6TH CROSS VIVEKANANDA ROAD BALAJI LAYOUT NEAR G.R. KALYANA MANTAPA BANGALORE - 560 094. …RESPONDENTS (BY SRI MANIKANTHA J, ADV., FOR SRI K.M. SUBAIR K, ADV., FOR R-1; R-3 - SERVED; V/O/DTD:09.07.2019 NOTICE TO R-2 IS D/W) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGND ORDER ON I.A.NO.5 DATED 18.03.2019 PASSED BY THE HON'BLE XXVII ADDL. CITY CIVIL JUDGE (CCH-9) AT BANGALORE IN EX.CASE NO.3497/2017 VIDE ANNEXURE-A AND ALSO TO SET ASIDE THE SALE NOTICE VIDE ANNEXURE-J AND CONSEQUENTLY TO ALLOW THE IA NO.5 FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition is filed with a prayer to set-aside the order dated 18.03.2019 passed on IA No.5 in Execution Case No.3497/2017 and also to set-aside the Sale Notice dated 27.03.2019 vide Annexure-J, by the Court of XXVII Addl. City Civil and Sessions Judge, Bengaluru. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:45817 WP No. 14941 of 2019 3. Respondent No.1 herein has filed Execution Case No.3497/2017 before the Court of XXVII Additional City Civil and Sessions Judge, Bengaluru, for the purpose of executing consent award passed by the Lok Adalat in CC No.52319/2017 C/w 52320/2017, 52321/2017 and 52322/2017 which was initiated by respondent No.1 against respondent Nos.2 and 3 herein before the jurisdictional Court of Magistrate for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 4. Petitioner herein who had entered appearance as objector in Execution Case No.3497/2017 had filed IA No.5 under Order XXI Rule 58 read with Section 151 of CPC with a prayer to raise the order of attachment dated 06.12.2017 passed by the Executing Court in respect of the scheduled property. The said application was rejected by the Executing Court vide the order impugned and aggrieved by the same, petitioner is before this Court. 5. Learned counsel for the petitioner and learned counsel for respondent No.1/decree holder jointly submit that the dispute - 4 - HC-KAR NC: 2025:KHC:45817 WP No. 14941 of 2019 between the parties has been amicably settled. They further submit that principal amount of Rs.2,40,00,000/- has been paid by the petitioner and additionally, a sum of Rs.16,26,053/- was also paid towards interest. The only dispute between the parties now is with regard to payment of balance amount of Rs.10,53,619/- towards interest and the parties have settled the inter se dispute and agreed that a sum of Rs.4,00,000/- shall be paid towards full and final settlement of all the claims between the parties. They submit that a sum of Rs.4,00,000/- has been paid by way of cash and a memo is being accordingly filed today before the Court reporting settlement. 6. The joint memo filed to the aforesaid effect is taken on record. 7. Learned counsel for respondent No.1 acknowledges receipt of amount of Rs.4,00,000/- from the petitioner in cash towards full and final settlement of the claim made in Execution Case No.3497/2017. 8. In view of the aforesaid, I am of the opinion that the prayer made in IA No.5 by the petitioner for raising the order of - 5 - HC-KAR NC: 2025:KHC:45817 WP No. 14941 of 2019 attachment dated 06.12.2017 passed in Execution Case No.3497/2017 in respect of schedule property needs to be granted and consequently, the Sale Notice at Annexure-J also needs to be set-aside. Accordingly, the following order:- 9. The writ petition is allowed. The order dated 18.03.2019 passed on IA No.5 in Execution Case No.3497/2017 by the Court of XXVII Addl. City Civil and Sessions Judge, Bengaluru, is set-aside and consequently, the prayer made in the application IA No.5 is granted and Sale Notice at Annexure - J is set-aside. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 3