- 1 - HC-KAR NC: 2025:KHC:42411 WP No. 29322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29322 OF 2025 (GM-CPC) BETWEEN: 1. M/S. RAKSHODAYA CHITS PVT. LTD., NO.1947/65, 1ST FLOOR, 2ND MAIN, 8TH CROSS, M.C.LAYOUT, VIJAYANAGAR, BENGALURU - 560 043 REPRESENTED BY ITS EXECUTIVE OFFICER AND THE GPA HOLDER SHRI. DILEEP S.V. …PETITIONER (BY SRI. PARAMESHWARAPPA C.T., ADVOCATE) AND: 1. ANITHA SRIDHARAN W/O. SRIDHARAN C., NO.34 AND 35, GALAXY PARK, NEAR SAMATHUVAPURAM, BAGALUR ROAD, HOSUR TAMIL NADU. 2. SRIDHARAN C., S/O. CHENGALVARAYAN, NO.34 AND 35, GALAXY PARK, NEAR SAMATHUVAPURAM, BAGALUR ROAD, HOSUR TAMIL NADU. 3. SUBRAMANYA G., S/O. GOPAL CHETTY C., NO.13, FIRST FLOOR, BHARATH BHAVAN, BHARATH PETROL BUNK, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42411 WP No. 29322 of 2025 INFANTRY ROAD, SHIVAJI NAGAR, BANGALORE. 4. MUTHAZHAGAN K., S/O. KRISHAN PROPRIETOR, K.M.SURYA CANDLE, NO.1/213, 2/14, NEAR ADIYAMAN ENGINEERING COLLEGE, HOSUR, TAMIL NADU. 5. KARTHIKEYAN K., S/O. SRI. KRISHNASWAMY, M/S. JUBILANT GENERICS LTD., NO.56, INDUSTRIAL AREA, NANJANGUD, MYSORE DISTRICT - 571 302. 6. MR. DEVARAJA S/O. DEVARSE GOWDA, AGED ABOUT 58 YEARS, RESIDING AT NO.23/26, 1ST MAIN ROAD, AZADNAGAR, CHAMARAJPET, BENGALURU. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-A, ORDER DATED-20TH DAY AUGUST 2025, PASSED BY THE LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN EX.NO.2050/2019, ALLOWING THE I.A NO.IV FILED UNDER ORDER XXI RULE 97 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42411 WP No. 29322 of 2025 CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri C.T. Parameshwarappa, learned counsel for the petitioner. 2. The decree holder in Execution No.2050/2019 has preferred this writ petition assailing the order dated 20.08.2025 passed by the LXVII Additional City Civil and Sessions Judge, Bengaluru (for short, ‘the Execution Court’). 3. The petitioner filed an execution petition seeking execution of the award passed by the Deputy Registrar of Chits, Bengaluru. In the said execution proceedings, respondent No.6 filed objections to the continuation of proceedings against the property bearing Site No.5, Katha No.30/1A5, BBMP Katha Serial No.1777, situated at Seegehalli, K.R. Puram Hobli, Bengaluru East Taluk, measuring 26 feet by 40 feet. The objector/respondent No.6 contended that he is the owner of the property under attachment, having purchased the same under a registered sale deed dated 18.10.2024. The Execution Court, by the impugned order, directed an enquiry and issued summons to the Sub-Registrar, K.R. Puram, on I.A. No.6. - 4 - HC-KAR NC: 2025:KHC:42411 WP No. 29322 of 2025 4. Assailing the said order, learned counsel for the petitioner submits that the objector purchased the property when the order of attachment was in force and, therefore, his objection is not maintainable. It is further submitted that the sale deed has been executed in collusion, with an intent to defeat the execution of the award. Learned counsel also contends that the objector is not a bona fide purchaser and, therefore, the Execution Court has committed an error in directing an enquiry. 5. Considered the submissions of the learned counsel for the petitioner. 6. The petitioner filed an execution petition seeking enforcement of the award passed by the Deputy Registrar of Chits. In the said proceedings, the property in question was ordered to be attached. Respondent No.6, claiming to be the owner of the property under attachment, having acquired title through a registered sale deed dated 18.10.2024, filed objections to the attachment. The Execution Court, upon consideration of various aspects, held that an enquiry is required to ascertain whether the objector is a bona fide - 5 - HC-KAR NC: 2025:KHC:42411 WP No. 29322 of 2025 purchaser. Accordingly, the Execution Court ordered an enquiry. 7. Though it is undisputed that respondent No.6 purchased the property when it was under attachment by the Execution Court, the Court, having found that the bona fides of respondent No.6 in purchasing the property require examination, directed an enquiry. In the facts of the present case, the order of the Execution Court directing an enquiry cannot be held to be improper. In fact, such an enquiry would also ensure to the benefit of the petitioner, as it would remove any possible encumbrances on the property when brought for sale in execution. 8. This Court finds no infirmity in the order passed by the Execution Court. Accordingly, the writ petition stands dismissed as being devoid of merit. Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 16