- 1 - HC-KAR NC: 2025:KHC:34104 W.P. No.22967/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.22967/2025 (GM-CPC) BETWEEN: SRI. SUDEESH .H AGED ABOUT 35 YEARS S/O LATE H. HONNEGOWDA RESIDENT OF SULTHAN ROAD NES EXTENSION, MALAVALLI TOWN-571430 MANDYA DISTRICT. …PETITIONER (BY SRI. T.P. VIVEKANANDA, ADV.,) AND: 1. M.N. NANDISH AGED ABOUT 35 YEARS S/O NANDARAJU. 2. SMT. B. SWETHA AGED ABOUT 30 YEARS W/O M.N. NANDEESH. BOTH ARE RESIDENTS OF KALAMMAGUDI STREET, FORT MALAVALLI TOWN-571430 MANDYA DISTRICT. …RESPONDENTS Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:34104 W.P. No.22967/2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE SUITABLE DIRECTION TO THE EXECUTING COURT VIZ., CIVIL JUDGE AND JMFC MALAVALLI TO DISPOSE OF THE EXECUTION PETITION NO.54/2023 WITHIN AN OUTER LIMIT OF SIX MONTHS IN TERMS OF THE JUDGMENT OF THE HON'BLE SUPREME COURT OF INDIA IN THE CASE OF RAHUL S. SHAH VS. JINENDRA KUMAR GANDHI REPORTED IN (2021) 6 SCC 418 (ANNEXURE- C). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: "i. Issue suitable direction to the Executing court viz., Civil Judge and JMFC, Malavalli to dispose of the Execution Petition No.54/2023 within an outer limit of six months in terms of the judgement of the Hon'ble Supreme Court of India in the case of Rahul S.Shah vs. Jinendra Kumar Gandhi reported in (2021) 6 SCC 418 (Annexure-C)." 2. Heard Sri.T.P.Vivekananda, learned counsel for the petitioner. - 3 - HC-KAR NC: 2025:KHC:34104 W.P. No.22967/2025 3. The petitioner is the decree holder. The respondent - judgment debtor suffers a decree in O.S.No.222/2020 seeking specific performance. The amount was directed to be returned by the trial Court while passing the decree. The amount was not returned and therefore, the petitioner-decree holder files an execution petition before the concerned Court in Execution Petition No.54/2023. 4. The learned counsel for the petitioner submits that the concerned Court has ad nauseam adjourned the matter for the asking, which runs counter to the judgment of the Apex Court in Rahul S.Shah vs. Jinendra Kumar Gandhi1, where the Apex Court has laid down certain postulates for closure of the execution proceedings within a time frame. The time frame fixed by the Apex Court is within six (06) months, particularly of money decree, which the present case is one. In that light, I deem it appropriate to direct the Civil Judge and JMFC, Malavalli to 1 (2021) 6 SCC 418 - 4 - HC-KAR NC: 2025:KHC:34104 W.P. No.22967/2025 dispose the Execution Petition No.54/2023 with an outer limit of six (06) months from the date of receipt of the copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BSR List No.: 2 Sl No.: 30