- 1 - HC-KAR NC: 2025:KHC:38443 WP No. 28129 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28129 OF 2025 (GM-CPC) BETWEEN: SRI. R. RAGHU S/O RAJANNA AVADHANI AGED ABOUT 54 YEARS TRUSTEE VED VIGNAN MAHA VIDYA PEETH UDAYAPURA, 21ST K.M., KANAKAPURA ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560 062. …PETITIONER (BY SRI. S. SRIRANGA, SR. ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE) AND: 1. SRI. G M KRISHNA S/O LATE MARIGANGAIAH AGED ABOUT 80 YEARS RESIDING AT NO. 7700, TREYMANE PLACE, NO 101, MCLEAN, VIRGINIA, 22102 UNITED STATES OF AMERICA. ALSO AT STERLING RESIDENCY, NO 403-A, A BLOCK, 5TH MAIN, 7TH CROSS, RAJMAHAL 2ND STAGE, BENGALURU - 560 094. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38443 WP No. 28129 of 2025 2. M/S KARNATAKA STATE FINANCE CORPORATION A STATUTORY CORPORATION INCORPORATED UNDER THE PROVISIONS OF STATE FINANCIAL CORPORATIONS ACT, 1951 HAVING ITS OFFICE AT NO.1/1, THIMAIAH ROAD, NEAR CANTONEMENT RAILWAY STATION, BENGALURU - 560 052. 3. SMT. BYRAMMA, W/O SRI. MARIGANGAIAH, RESIDING AT NO. 3, CURLY STREET, RICHMOND TOWN, BANGALORE - 560 025. …RESPONDENTS (BY SRI. BRIJESH SINGH M., ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF EXECUTION PETITION NO. 33/2000 PENDING ON THE FILE OF I ADDITIONAL AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT. DECLARE THAT THE I ADDITIONAL AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT DOES NOT HAVE JURISDICTION IN VIEW OF THE EXECUTION PETITION BEING CLOSED VIDE ORDER DTD. 31.10.2018 ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38443 WP No. 28129 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "i. to call for records of Execution Petition No.33/2000 pending on the file of I Additional and Sessions Judge, Bangalore Rural District; and ii. Declare that the I Additional and Session Judge, Bangalore Rural District does not have jurisdiction in view of the Execution Petition being closed vide order dated 31.10.2018 (ANNEXRUE D); iii. To set aside Order dated 08.09.2025 passed by the I Additional and Session Judge, Bangalore Rural District in EP No. 33/2000 (ANNEXURE E) posting the matter for hearing on the application for appointment of commissioner; iv. Grant cost of these proceedings; v. Pass such other orders that this Hon'ble Court deems fit in the facts and circumstances of the case." 2. Heard Sri. Sriranga S., learned Senior counsel appearing for the petitioner, Sri. Brijesh Singh M., learned - 4 - HC-KAR NC: 2025:KHC:38443 WP No. 28129 of 2025 counsel appearing for respondent No.1 and have perused the material on record. 3. The petitioner is before this Court calling in question certain proceedings before the Executing Court, which according to the learned counsel appearing for the petitioner, travels beyond the scope of execution. 4. Learned Senior counsel submits that an application for appointment of a Court Commissioner to conduct a survey was to be ordered, at that juncture, the petitioner had to knock at the doors of this Court. 5. Learned counsel appearing for respondent No.1 submits that the ground inter alia projected by the petitioner is that it could not have been filed by way of a Interlocutory Application, but should have been through a Miscellaneous Application. 6. Learned counsel appearing for respondent No.1 further submits that the petition be allowed, the impugned - 5 - HC-KAR NC: 2025:KHC:38443 WP No. 28129 of 2025 order be quashed, reserving liberty to respondent No.1 to file a Miscellaneous application seeking the same relief. 7. Learned Senior counsel would not dispute the said submission. 8. In that light, I deem it appropriate to pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 08.09.2025 passed by I Additional and Sessions Judge, Bangalore Rural District in EP No.33/2000 stands quashed. (iii) Liberty is reserved to respondent No.1 to file appropriate application i.e., Miscellaneous Application, seeking the relief that he had sought for. (iv) In the event such an application is filed, the concerned Court shall consider the same, in accordance with law, after hearing both the - 6 - HC-KAR NC: 2025:KHC:38443 WP No. 28129 of 2025 parties and pass necessary orders, without being influenced by the order that is already passed impugned herein, which is now set aside. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 42 CT: BHK