- 1 - HC-KAR NC: 2025:KHC:28638 WP No. 19630 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19630 OF 2025 (GM-CPC) BETWEEN: 1. SRI. CHENNARAYA V. KODAGI S/O. SRI. K.L. VENUGOPAL, AGED ABOUT 61 YEARS, R/AT NO.5214, CALIFORNIA STREET, SAN FRANCISCO, CA 94118 PRESENTLY AT BANGALORE. …PETITIONER (BY SRI. A. MAHESH CHOWDHARY, ADVOCATE) AND: 1. SMT JAYASREE SIVAKUMAR W/O SHIVAJI SIVAKUMAR, AGED ABOUT 62 YEARS OLD, R/AT NO.302, DISCOVERY RIDGEWAY S W, CALGARY ALBERTA T3H559, CANNADA ASLO AT NO.26/1, VANIVILAS ROAD, BASAVANAGUDI, BENGALURU – 560 004 …RESPONDENT (BY SRI. KASHYAP N. NAIK, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY HONBLE CITY CIVIL AND SESSIONS JUDGE (HEREINAFTER REFERRED AS TRAIL COURT) IN OS NO. 4424/2024 DATED 21/06/2025 VIDE ANNEXURE-A IS WITHOUT JURISDICTION, VOID, ILLEGAL, AND HENCE BAD IN LAW ETC. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28638 WP No. 19630 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a) Issue a Writ of Certiorari or any direction to quash the impugned order passed by Hon’ble City Civil and Sessions Judge (Hereinafter referred to ‘Trial Court’) in O.S.No.4424/2024 dated 21.06.2025 vide Annexure A as being without jurisdiction, void, illegal, and hence bad in law; b) Consequently, allow the IA filed by the Petitioner under Order 38 Rule 5 vide Annexure H1. c) Grant such other relief as circumstances and contingencies may permit, in the interest of justice and equity.” 2. Heard Sri A. Mahesh Chowdhary, learned counsel for petitioner and Sri Kashyap N. Naik, learned counsel for respondent. 3. The petitioner - plaintiff institutes a suit in Commercial Original Suit, seeking recovery of money. Along with the said suit, he files an application under Order XXXVIII Rule 5 of the CPC seeking attachment of the properties of the defendant, - 3 - HC-KAR NC: 2025:KHC:28638 WP No. 19630 of 2025 owing to the failure to return the alleged loan amount, that was lent to the defendant. The issue in the lis is not with regard to the merit of the matter pending before the concerned Court. The concerned Court observes that the application under Order XXXVIII Rule 5 of the CPC would be considered along with the main matter. It is therefore, the petitioner is before this Court in the subject petition. 4. Learned counsel for the petitioner and the respondent would in unison submit that the concerned Court be directed to consider the application under Order XXXVIII Rule 5 of the CPC on its merit. 5. Sri A. Mahesh Chowdhary, learned counsel for the petitioner would now submit that there is an interim order of status quo subsisting as granted by this Court on 07.07.2025 and would seek extension of the said order, till the concerned Court would decide on the application. 6. Sri Kashyap N. Naik, learned counsel for the respondent submits that the interim order should be restricted only till the application is considered. - 4 - HC-KAR NC: 2025:KHC:28638 WP No. 19630 of 2025 7. In the light of the submissions, the interim order that is subsisting as granted on 07.07.2025, shall remain in force till the concerned Court answer on the application filed under Order XXXVIII Rule 5 of the CPC. 8. The concerned Court shall answer the application filed by the petitioner under Order XXXVIII Rule 5 of the CPC on or before 18.08.2025. The parties are at liberty to seek further orders at the hands of the concerned Court. 9. It is needless to observe that the application under Order XXXVIII Rule 5 of the CPC shall be answered strictly in consonance with law, without being influenced by the status quo order that is granted and directed to be continued by this Court, till the application is answered by the concerned Court. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 72