- 1 - HC-KAR NC: 2025:KHC:41762 WP No. 171 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 171 OF 2024 (GM-CPC) BETWEEN: 1. S. SHANKAR S/O SONNAPPA AGED ABOUT 44 YEARS. 2. SMT. SAVITHA W/O SONNAPPA AGED ABOUT 37 YEARS. BOTH R/AT YELACHAHALLI VILLAGE, NANDAGUDI HOBLI BANGALORE RURAL DISTRICT PIN 562 122. …PETITIONERS (BY SRI SHARATH S. GOWDA, ADV.) AND: R. RAMAMOHAN S/O RAMESH BABU AGED ABOUT 33 YEARS R/AT RAMAKRISHNA ROAD NEAR VIVEKANANDA SCHOOL VV EXTESNION , HOSKOTE TOWN BENGALURU RURAL DISTRICT - 562 114. …RESPONDENT (BY SRI MUNIRAJA M, ADV.) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INIDA PRAYING TO DIRECT THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL, HOSKOTE IN MISCELLANEOUS PETITION NO.1/2022 TO CONSIDER THE PASS ORDERS ON THE APPLICATION FILED UNDER ORDER 41 RULE 5(2) OF CODE OF CIVIL PROCEDURE TO STAY THE OPERATION OF JUDGMENT AND DECREE DTD. 24.07.2018 PASSED IN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41762 WP No. 171 of 2024 O.S.NO.648/2015 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE VIDE ANNX-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. The respondent had filed O.S.No.648/2015 against the petitioners seeking the relief of specific performance of the sale agreement dated 08.01.2014. It appears that in the said suit, an ex-parte judgment and decree was passed on 24.07.2018. Petitioners herein thereafter have filed Miscellaneous petition No.1/2022 under Order IX Rule 4 r/w Section 151 of CPC with a prayer to set aside the ex-parte judgment and decree passed in O.S.No.648/2015 and to restore O.S.No.648/2015 on file so as to enable the petitioners to defend the suit. In the said proceedings, an application under Order XLI Rule 5(2) of CPC was also filed on behalf of the petitioners and the trial Court had issued notice to the respondent in Miscellaneous No. 51/ 2020 including on the application filed on behalf of the petitioners to condone the delay caused in filing the miscellaneous petition and also on the application seeking stay of the execution of the ex-parte - 3 - HC-KAR NC: 2025:KHC:41762 WP No. 171 of 2024 judgment and decree passed in O.S.No.648/2015. It is under these circumstances, the petitioners have approached this Court in this petition. 2. Learned counsel for the petitioners submits that the petitioners have a good case on merits in O.S.No.648/2015. Pending disposal of Miscellaneous No.1/2022. If the respondent, who is the plaintiff in O.S.No.648/2015 is permitted to execute the exparte judgment and decree passed in O.S.No.648/2015, the petitioners will be put to hardship. He submits that this Court by appreciating the aforesaid aspects of the matter has stayed the further proceedings in Execution petition No.1/2022 and the said interim order may be continued with a direction to the trial Court to dispose of Miscellaneous petition No.1/2022 (old number Misc.No.51/2020) within a time frame. 3. Learned counsel for the respondent who has opposed the prayer made in the petition submits that there is a delay in filing the miscellaneous petition with a prayer to set aside the ex-parte judgment and decree. Therefore, the Court was justified in not passing any orders on the application filed - 4 - HC-KAR NC: 2025:KHC:41762 WP No. 171 of 2024 by the petitioners seeking stay of the execution. He submits that this Court may be pleased to direct the trial Court to dispose of the miscellaneous petition as well as the applications filed in the said proceedings within a time frame. Accordingly, prays to dismiss the petition. 4. Perusal of the material on record would go to show that, O.S.No.648/2015 was filed by the respondent herein against the petitioners seeking the relief of specific performance of the sale agreement dated 08.01.2014. Though the defendants in O.S.No.648/2015 had entered appearance in the said suit, no written statement was filed on their behalf. The trial Court by judgment and decree dated 24.07.2018 had decreed O.S.No.648/2015. It appears that after coming to know about the ex-parte judgment and decree passed in O.S. No.648/2015, the petitioners herein have filed a miscellaneous petition as provided under Order IX Rule 4 of CPC before the trial Court with a prayer to set aside the ex-parte judgment and decree passed in O.S.No.648/2015 and also to restore the suit on file so as to enable the petitioners to defend the suit. In the said proceedings, on behalf of the petitioners, in addition to the - 5 - HC-KAR NC: 2025:KHC:41762 WP No. 171 of 2024 application filed to condone the delay caused in filing the miscellaneous petition an application to stay the execution of the impugned judgment and decree passed in O.S.No.648/2015 was also filed. In the said application, it was specifically stated that decree holder in O.S.No.648/2015 has already initiated execution proceedings for executing the ex parte judgment and decree passed in O.S.No.648/2015 and pending disposal of the miscellaneous petition filed under Order IX Rule 4 r/w 151 of CPC, if the decree holder is permitted to execute the ex parte judgment and decree, the petitioners will be put to hardship. However, the trial Court, without appreciating this aspect of the matter has issued notice even on the said application to the respondent in the miscellaneous petition and it is under these circumstances, the petitioners have approached this Court. 5. This Court having appreciated the aforesaid aspects of the matter, while issuing emergent notice to the respondent in this petition, has stayed the further proceedings in Execution No.1/2022. In my considered opinion, if the said interim order granted by this Court on 03.01.2024 is continued till the disposal of miscellaneous petition No.1/2022 before the Trial - 6 - HC-KAR NC: 2025:KHC:41762 WP No. 171 of 2024 Court, with a request to the trial Court to dispose of the miscellaneous petition No.1/2022 expeditiously, the same would serve the ends of the justice. It is brought to the notice of this Court that though the respondent has filed Execution petition No.1/2022, which is pending before the very same Court, he has not entered appearance before the trial Court in Miscellaneous Petition No.1/2022 and he has been avoiding service in the said proceedings. He has entered appearance in the present proceedings and therefore it is very apparent that he is aware of the pendency of Miscellaneous Petitioner No.1/2022 before the trial Court. 6. Accordingly, the following ORDER (i) Writ petition is disposed of directing the Trial Court to expeditiously dispose of Miscellaneous Petition No.1/2022, in accordance with law. (ii) The interim order granted by this Court dated 03.01.2024 shall enure to the benefit of the petitioners, till disposal of miscellaneous petition No.1/2022. - 7 - HC-KAR NC: 2025:KHC:41762 WP No. 171 of 2024 Pending applications do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 21