- 1 - HC-KAR NC: 2025:KHC:29602 WP No. 14736 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 14736 OF 2023 (GM-CPC) BETWEEN: MANJUNATH @ HONNIKOPPALU MANJA, S/O SUREGOWDA, AGED ABOUT 55 YEARS, R/AT NO.89, KHB COLONY, HOLENARASIPURA TOWN, HASSAN DISTRICT-573 211. …PETITIONER (BY SRI.NARENDRA GOWDA., ADVOCATE) AND: SHREYAS ACHAR.S.V, S/O VISHNUPADACHAR.S, AGED ABOUT 31 YEARS, R/AT FORT, OPP SRI RAGHAVENDRASWAMY TEMPLE, HOLENARASIPURA TOWN, HASSAN DISTRICT-573 211. …RESPONDENT (BY SRI.YASHWANTH NETHAJI.N.T., ADVOCATE FOR K.V.NARASIMHAN., ADVOCATE) Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29602 WP No. 14736 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DTD 20.04.2023 IN EXECUTION PETITION NO.1/2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HOLENARASIPURA VIDE ANNEXURE- E, AND SET ASIDE THE ORDER PASSED IN MISC. PETITION NO.1/2023 IN SO FAR AS NOT GRANTING INTERIM ORDER OF STAY AS PER ANNEXURE-D1, AND ETC. THIS PETITION, COMING ON FOR HEARING INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER Heard the learned counsel for the petitioner. 2. Pursuant to a suit for recovery being decreed, the decree holder moved for execution of the decree. It appears from perusal of the impugned order that is enclosed as Annexure -E, arrest warrant against the judgment debtor has been directed to be issued. 3. It is the contention of the learned counsel for the petitioner that he has already filed an application under - 3 - HC-KAR NC: 2025:KHC:29602 WP No. 14736 of 2023 Order IX Rule 13 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for short) for setting aside the ex-parte decree. It is his further contention that a conditional interim order was passed by this Court which condition has been complied with by him and therefore he prays that the order impugned be interfered with. 4. The execution of the decree is held up since 2023. Once the petitioner counsel states that petitioner already filed an application under Order IX Rule 13 of CPC, it is for the petitioner/judgment debtor to ensure that application is pressed by the judgment debtor before the appropriate Court. 5. Under the circumstances and the facts of the case, no interference is called for. 6. However, it is left open to the petitioner/judgment debtor to move an application before the Court concerned, for expeditious consideration of the - 4 - HC-KAR NC: 2025:KHC:29602 WP No. 14736 of 2023 application moved by the petitioner under Order IX Rule 13 of CPC. 7. If such an application is filed, it is expected that it would be considered expeditiously by the Court. 8. This petition accordingly disposed of. Sd/- (JAYANT BANERJI) JUDGE BVK List No.: 1 Sl No.: 23