- 1 - HC-KAR NC: 2025:KHC:52990 WP No. 15784 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15784 OF 2022 (GM-CPC) BETWEEN: C. DEVARAJ S/O LATE CHANDASHEKAR AGED ABOUT 42 YEARS R/AT NO.743, 14TH CROSS 2ND PHASE, JP NAGAR BENGALURU - 560 078. …PETITIONER (BY SRI MANJUNATH M HEGDE, ADV.) AND: 1. M SRINIVASA S/O LATE MUDDAPPA AGED ABOUT 77 YEARS BENGALURU - 5600. 2. P.V. CHANDRASHEKAR S/O LATE P. VEERAPPA MAJOR. 3. P.V.S. PRASAD S/O LATE P. VEERAPPA MAJOR. 4. P.V. MAHESH S/O LATE P. VEERAPPA MAJOR. 5. P.V. NIRANJAN S/O LATE P. VEERAPPA MAJOR. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52990 WP No. 15784 of 2022 6. SMT. P.V. GIRIJAMBA W/O LATTE P. VEERAPPA S/O LT P VEERAPPA MAJOR. ALL ARE RESIDING AT 33/7 1ST A CROSS, MOUNT JOY EXTENSION, HANUMANTHANAGAR BENGALURU - 560 019. …RESPONDENTS (BY SRI M.R. RAJAGOPAL, SR. COUNSEL FOR SRI THILAK RAJ S.V, ADV., FOR R-1; SRI H.V. NAGARAJA RAO, ADV., FOR R-3; R-2 & R-6(VK NOT FILED); SRI N. RAGHAVENDRA RAO, ADV., FOR R-4 & R-5) THIS WP IS FILED UNDER ARTICLE PRAYING TO-QUASH ORDER DTD 28.07.2022 ON I.A.NO.2 PASSED BY THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN EX.CASE NO.1945/2015 ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GORUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 28.07.2022 passed on IA.no.2 in Execution Petition No.1945/2015 passed by the Court of V Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned Counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:52990 WP No. 15784 of 2022 3. Facts leading to filing of this petition narrated briefly are, respondent no.1 herein and the father of the petitioner - late Chandrashekhar had filed O.S.No.5219/2002 seeking a decree for specific performance of the agreement. 4. Respondent nos.2 to 5 herein were judgment-debtors in the said suit. 5. Execution Petition No.1945/2015 is filed by respondent no.1 herein who is one of the decree-holders in O.S.No.5219/2002. IA.no.2 is filed by the petitioner herein who is the son of the other decree-holder to permit him to come on record as the second decree-holder and prosecute the execution proceedings. 6. The said application was opposed by respondent no.1 herein. The Trial Court vide the order impugned has rejected IA.no.2. Being aggrieved by the same, petitioner is before this Court. 7. Learned Counsel for respondent no.1 who is the petitioner in Execution Petition No.1945/2015, submits that he has no objection to allow the prayer made in IA.no.2 and all - 4 - HC-KAR NC: 2025:KHC:52990 WP No. 15784 of 2022 contentions with regard to the merits of the case may be left open to be considered by the Executing Court afresh. 8. The aforesaid submission is placed on record. 9. Writ petition is allowed. The impugned order dated 28.07.2022 passed on IA.no.2 in Execution Petition No.1945/2015 passed by the Court of V Addl. City Civil & Sessions Judge, is set aside. The prayer made in IA.no.2 is granted. All contentions urged in this petition by all the parties are left open to be considered by the Executing Court afresh. Sd/- (S VISHWAJITH SHETTY) JUDGE KK