- 1 - HC-KAR NC: 2025:KHC:44145 WP No. 11156 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 11156 OF 2024 (GM-CPC) BETWEEN: 1. K.C. RAVISHANKA S/O LATE K.C. IYYA AGED ABOUT 78 YEARS. 2. MR. K.C. NEELAKANTA S/O LATE K.C. IYYA AGED ABOUT 75 YEARS. 3. MRS. UMA IYYA D/O LATE K.C. IYYA AGED ABOUT 72 YEARS. 4. MRS. RAMA W/O S.R. CHANDRASHEKHAR D/O LATE K.C. IYYA AGED ABOUT 70 YEARS. ALL ARE RESIDING AT PROPERTY BEARING NO.44 MUNICIPAL KHATHA NO.20 9TH MAIN ROAD RAJAMHAL VILLAS BENGALURU - 560 080. …PETITIONERS (BY SRI R.P. SOMASHEKHARAIAH, ADV.) AND: 1. M/S INDIAN BANK ULSOOR BRANCH NO. 55/3, CAR STREET ULSOOR, BENGALURU - 560 008 REPRESENTED BY ITS ASSIGNEE SRI M.R. RAJATH S/O LATE M RAMACHANDAR AGED ABOUT 50 YEARS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44145 WP No. 11156 of 2024 R/AT NO. 43, 45TH CROSS RMV EXTENSION, BENGALURU - 560 003. 2. SRI K. ARMUGAM S/O KUPPUSWAMY MUDALIAR, SINE DEAD BY LRS SMT UMADEVI D/O K ARMUGAM AGED ABOUT 53 YEARS PARTNER M/S K. ARMUGAM AND CO. NO. 2857, 13TH MAIN, E BLOCK, RAJAJINAGAR, 2ND STAGE BENGALURU - 560 010. 3. SRI AKTHAR HUSSAIN S/O SRI MOHAMMED PEARAN AGED ABOUT 55 YEARS PARTNER M/S K ARUMUGAM AND CO NO.20, CHINMAYA MISSION HOSPITAL ROAD INDIRANAGAR, 2ND STAGE BENGALURU - 560 038. …RESPONDENTS THIS WP IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 02/03/2020 MADE ON IA NO. 1 IN EXECUTION NO. 445/2020, ON THE FILE OF THE CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-44) UNDER ANNEXURE-Q QUASH THE EXECUTION PROCEEDINGS IN EXECUTION NO. 445/2020, ON THE FILE OF THE CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-44) UNDER ANNEXURE-P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Judgment Debtor Nos.6 to 9 are before this Court in this writ petition filed under Article 227 of the Constitution of India, seeking for the following reliefs:- - 3 - HC-KAR NC: 2025:KHC:44145 WP No. 11156 of 2024 "1. To issue writ in the nature of certiorari and quash the order dtd.02.03.202 made in IA No.1 in Execution No.445/2020, on the file the city Civil and Sessions Judge, Bengaluru (CCH-44) under Annexure -Q. 2. To issue writ in the nature of certiorari and quash the Execution proceedings in Execution no.445/2020, on the file of the city Civil and Sessions Judge, Bengaluru (CCH-44) under Annexure - P. 3. Issue such other order or direction as may be deemed fit to grant in the circumstances of the case in the interest of justice and equity." 2. Heard the learned counsel for the petitioners. 3. Learned counsel for the petitioners submits the an order of ad-interim injunction has been passed by the Executing Court in Execution Case No.445/2020 on IA No.1 filed in the said case by the decree holders. Objections have been filed by judgment debtor Nos.7 and 8 to the said application. A separate statement of objections with regard to the maintainability of the execution case as against the judgment debtor Nos.7 and 8 is also filed. Till date, no orders have been - 4 - HC-KAR NC: 2025:KHC:44145 WP No. 11156 of 2024 passed by the executing court on the same and it is under these circumstances, the petitioners are before this Court. 4. Perusal of the material on record would go to show that Execution Case No.445/2020 is filed by respondent No.1 - Bank, who is the decree holder in OA No.1198/1995 passed by the Debts Recovery Tribunal, Bengaluru for recovery of Rs.65,54,99,390/- and for sale of mortgaged property described in the schedule by way of auction. In the said proceedings, judgment debtor Nos.7 and 8 have filed their statement of objections with prayer to close the execution proceedings as against them. The said statement of objections appears to have been filed on 01.06.2023. It appears that the decree holder has filed IA No.1 under Order XXXIX Rule 1 and Rule 2 of CPC with a prayer to direct the judgment debtors not to alienate the suit schedule property which is mortgaged in favour of the decree holder. The Executing Court has passed an ad-interim order of temporary injunction on the said application on 03.03.2020. The judgment debtor Nos.7 and 8 have filed a memo with a prayer to permit them to adopt their statement of objections filed to the main petition as objections to IA No.1. It - 5 - HC-KAR NC: 2025:KHC:44145 WP No. 11156 of 2024 is the grievance of learned counsel for the petitioner that no orders have been passed with regard to the maintainability of the Execution Case as against judgment debtor Nos.7 and 8 though they have specifically raised a plea with regard to the same in their statement of objections, which was filed on 01.06.2023 and no orders have been also passed on IA No.1, disposing off the said application finally. 5. The order of ad-interim injunction appears to have been passed on IA No.1 in Execution Case No.445/2020 on 03.03.2020. Judgment debtor Nos.7 and 8, who have filed statement of objections to the main petition on 01.06.2023 have also filed a memo on the very same date seeking permission of the Court to permit them to adopt their statement of objections to the main petition as objections to IA No.1. However, Trial Court has failed to appreciate this aspect of the matter and no final orders have been passed IA No.1 filed in Execution Case No.445/2020 under Order XXXIX Rule 1 and Rule 2 of CPC. It is also the grievance of judgment debtor Nos.7 and 8 that in their statement of objections dated 01.06.2023, they have raised a plea of maintainability of the - 6 - HC-KAR NC: 2025:KHC:44145 WP No. 11156 of 2024 Execution Case as against them and no orders have been passed on the same. Therefore, this writ petition is disposed off directing the Executing Court to consider the question of maintainability of the Execution Case as against judgment debtor Nos.7 and 8 allegedly raised by them in their statement of objections filed and also to consider IA No.1 on its merits and pass appropriate orders in accordance with law as expeditiously as possible, but not later than a period of four months from the date of receipt of certified copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 38