- 1 - HC-KAR NC: 2025:KHC:51065 WP No. 3796 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3796 OF 2022 (GM-CPC) BETWEEN: SRI VENKATESH G S/O SRI GANGAPPA AGED ABOUT 44 YEARS R/AT SRIRAMAPURA VILLAGE YELAHANKA HOBLI BENGALURU NORTH TLAUK BENGALURU - 560 064 PRESENTLY AT WARD NO.4 BEHIND DOCTOR PATHI HOUSE MUSTOOOR ROAD PRANSANTH NAGAR CHIKKABALLAPUR TOWN - 562 101. …PETITIONER (BY SRI RAGHAVENDRA N.R, ADV.) AND: SMT. PADMAMMA W/O RAVI KUMAR AGED ABOUT 45 YEARS R/AT NO.61, NEAR MARIYAMMA TEMPLE SRIRAMAPURA VILLAGE JAKKUR POST YELAHANKA HOBLI, BENGALURU - 560 064. REP BY GPA HOLDER SRI RAVI KUMAR S/O BUDDANNA AGED ABOUT 52 YEARS R/AT NO.61, NEAR MARIYAMMA TEMPLE SRIRAMAPURA VILLAGE JAKKUR POST, YELAHANKA HOBLI BENGALURU - 560 064. …RESPONDENT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51065 WP No. 3796 of 2022 (BY SRI NARENDRABABU H.L, ADV., FOR SRI B.S. NATARAJU, ADV.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.5.1.2022 PASSED BY THE XXIII ADDITIONAL SMALL CAUSES JUDGE BENGALURU SCCH-25 IN EXE PET NO.125/2019 AS PER ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner who is the judgment-debtor is before this Court in this writ petition filed under Article 227 of the Constitution of India assailing the order dated 05.01.2022 passed on a memo filed by him in Execution No.125/2019 by the Court of XXIII Addl. Small Causes Judge, Bengaluru. 2. Heard the learned Counsel for the parties. 3. Suit in S.C.No.370/2018 was filed by the respondent herein before the jurisdictional Civil Court at Bengaluru, and the said suit was decreed on 23.10.2018 directing the petitioner herein/defendant to vacate and hand over the vacant possession of the suit property within one month from the date of the decree, failing which liberty was granted to the - 3 - HC-KAR NC: 2025:KHC:51065 WP No. 3796 of 2022 respondent herein to take possession of the suit property through the process of the court. The defendant was also held liable to pay arrears of rent of Rs.53,900/- and damages at the rate of Rs.7,700/- per month from the date of the suit till handing over actual possession of the suit property to the plaintiff. It was further observed that defendant is entitled for set-off of Rs.1,00,000/- paid by him as security deposit amount at the time of rental agreement. 4. Since the defendant had failed to hand over vacant possession of the suit property in compliance of the decree passed in S.C.No.370/2018, execution proceedings in Execution No.125/2019 was initiated by the decree-holder and in the said proceedings, application seeking permission to break open the lock with the assistance of the jurisdictional police was filed, and the said application was allowed by the Executing Court and on 19.07.2019, the execution of delivery warrant was reported to the court by the bailiff along with a spot mahazar. The bailiff had also enclosed an inventory list along with the spot mahazar. - 4 - HC-KAR NC: 2025:KHC:51065 WP No. 3796 of 2022 5. According to the petitioner herein, on 21.09.2017, the plaintiff had barged into the suit property and had thrown him out and also had not permitted him to collect the movables which were inside the suit schedule premises. He, therefore, had approached the police to file a complaint, but since the jurisdictional police had refused to receive the police complaint, he had forwarded the said complaint to the police through post, and accordingly he had produced the endorsement dated 30.01.2021 along with the memo. 6. The Executing Court vide the order impugned having directed the judgment-debtor to deposit the arrears of rent and damages in compliance of the decree passed in S.C.No.125/2019, had directed the decree-holder to hand over Item nos.1 to 18 mentioned in the bailiff report to the custody of the judgment-debtor. 7. Perusal of the material on record would go to show that there is no prima facie material produced by the judgment- debtor to show that he was thrown out by the decree-holder on 21.09.2017 and he was not even allowed to collect his movables from the premises in question which was - 5 - HC-KAR NC: 2025:KHC:51065 WP No. 3796 of 2022 subsequently locked by the decree-holder. On the other hand, the material on record would go to show that after the Executing Court had issued a delivery warrant to break open the lock of the said schedule premises with the assistance of jurisdictional police, on 19.07.2019 the delivery warrant was executed and the bailiff had filed a report after handing over possession of the suit property to the decree-holder and along with the said report, a spot mahazar and inventory list is also submitted. 8. Item nos.1 to 18 which are now directed to be handed over to the judgment-debtor by the decree-holder are the movables as per the inventory list which was prepared by the bailiff. The judgment-debtor has only filed a memo making certain allegations, and therefore, the Executing Court Court was fully justified in passing the impugned order. 9. I do not find any illegality or irregularity in the order impugned, since the judgment-debtor has not produced any prima facie material before the Executing Court in support of his allegations made in the memo. He has not even filed an affidavit in support of the memo filed by him, and therefore, I - 6 - HC-KAR NC: 2025:KHC:51065 WP No. 3796 of 2022 am of the opinion that no interference is called for as against the order impugned. Accordingly, writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK