- 1 - HC-KAR NC: 2025:KHC:32806 WP No. 14419 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14419 OF 2025 (GM-CPC) BETWEEN: AKBAR KAMAL S/O YOUSUFF AGED ABOUT 68 YEARS R/AT. REGEANCY LAW MAJIRA MARGARITA 10 A KEMPEGOWDA ROAD, HENNUR BANDE, BENGALURU - 560 043. …PETITIONER (BY SRI. ABDUL MAJID, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF LAW AND JUSTICE VIDHANA SOUDHA, BENGALURU - 560 001. 2. MADHU K REDDY S/O KRISHNA REDDY AGED ABOUT 45 YEARS R/AT HBR LAYOUT, BENGALURU - 560 043. …RESPONDENTS (BY SMT. RASHMI M. RAO, HCGP FOR R1; SRI. K. MOHAN, ADVOCATE FOR R2) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32806 WP No. 14419 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ARREST WARRANT DATED 15.06.2024 ISSUED BY THE HONBLE CITY CIVIL AND SESSIONS COURT (CCH-23) IN EXECUTION PETITION NO. 2009/2022 ARISING OUT OF O.S.NO. 2924/2019 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court calling in question an order of warrant of arrest dated 15.06.2024 passed in Execution Petition No.2009/2022 arising out of O.S.No.2924/2019. 2. The petitioner was before this court in WP.No.20215/2023, calling in question the execution proceedings before the concerned court, where the decree holder sought to execute the order of eviction and arrears of rent against the present petitioner. The co-ordinate bench of this court granted an interim order, subject to certain conditions. The order reads as follows: - 3 - HC-KAR NC: 2025:KHC:32806 WP No. 14419 of 2025 "Issue emergent notice to respondent. Learned counsel for the petitioners is also directed to serve copy of the writ petition on the learned counsel who appears for respondent before the trial Court in Execution No.2009/2022. Learned counsel for the petitioners would submit that the decree is for ejectment and recovery of arrears of rent and it is submitted that the petitioners have handed over possession of the suit premises and the execution is in respect of arrears of rent. Execution petition indicates recovery of a sum of Rs.15,65,403/- towards arrears of rent. Attachment warrant in respect of movables is issued under impugned order dated 14.08.2023. Learned counsel without prejudice submits that the petitioners/Judgment Debtors would deposit 25% of the amount claimed under Execution Petition before Executing Court in Ex.No.2009/2022 on the file of XXV Additional City Civil and Sessions Judge, Bengaluru. Taking note of the above submission, stay of order dated 14.08.2023 insofar as issuance of attachment warrant, attaching movables, subject to the petitioners depositing 25% of the amount shown in the Execution Petition, within two weeks from today. List on 04.10.2023. Learned counsel for the petitioners would submit that he would not press the writ petition insofar as order dated 22.08.2023 on I.A.No.2 in Execution No.2009/2020. Submission of the learned counsel is placed on record. Hand delivery of the order is permitted." 3. On 11.10.2023, when the amount of 25% was not deposited, the attachment warrant that was stayed was - 4 - HC-KAR NC: 2025:KHC:32806 WP No. 14419 of 2025 vacated and it was directed that the interim order would not inure to the benefit of the petitioner. The Executing Court progressed in the light of the vacation of the interim order and issued a warrant of arrest. 4. The petitioner is again before the doors of this court abandoning the earlier petition on the score that he has become an insolvent and has no money to pay, but still squatting on two shops in HBR layout doing his avocation or business, as the case would be. 5. The learned counsel appearing for the petitioner submits that the arrest warrant be obliterated in the light of the judgment of the Apex Court in the case of JOLLY GEORGE VARGHESE Vs. BANK OF COCHIN, reported in (1980) 2 SCC 360. The learned counsel would further submit that an RFA was preferred against the decree that was passed directing eviction of the petitioner. The said RFA is at the stage of it being dismissed for non prosecution by an order of the Division Bench dated 23.02.2023. The learned counsel appearing for the petitioner submits that the application seeking recall of the said - 5 - HC-KAR NC: 2025:KHC:32806 WP No. 14419 of 2025 order is pending consideration at the hands of the concerned court. 6. This is also incorrect, on 11.06.2025, in RFA No.452/2022, which was dismissed for its non prosecution, on an application, was listed. The division bench on 11.06.2025 passes the following order: "Learned counsel for the respondent submits that the IA's filed by the appellants are not maintainable and that office objections have not been complied. It is submitted that the attempt of the appellants is only to delay the execution proceedings. Today, when the matter was called out, there is no appearance for the appellants. List this matter on 20.06.2025." 7. The matter though was listed, no representation on behalf of the appellant, therein. Again the matter was listed on 20.06.2025, the Division Bench notices that on 20.06.2025, the matter was called and there was no appearance and dismissed the recalling applications for its non prosecution. The petitioner therefore has been grossly indolent throughout the proceedings in agitating his grievances and now is before the court on an altogether different circumstance that he is insolvent and is not - 6 - HC-KAR NC: 2025:KHC:32806 WP No. 14419 of 2025 in a position to pay any amount, which on the face of it cannot be believed. 8. In the light of the non compliance of the earlier order of non deposit of 25% and the said writ petition having been abandoned, there can be no misplaced sympathy to be shown to the petitioner. In that light leaving open to the petitioner to avail of appropriate orders from the hands of the Division Bench in RFA No.452/2022, if available in law, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 21 CT: BHK