- 1 - HC-KAR NC: 2025:KHC:41056 WP No. 30939 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.30939 OF 2025 (GM-CPC) BETWEEN: M/S SANGEETHA MOBILES, A PRIVATE LIMITED FIRM HAVING ITS OFFICE AT: M/S. SANGEETHA MOBILES, NO.50, 46th CROSS, 8th BLOCK, JAYANAGAR, BENGALURU - 560 070 REP. BY ITS MANAGING DIRECTOR, MR.L.SUBHASH CHANDRA, AGED ABOUT 60 YEARS, S/O L.P.NARAYANA REDDY REGISTERED UNDER THE INDIAN COMPANIES ACT. …PETITIONER (BY SRI. A. ABHINAV RAMANAND, ADVOCATE) AND: M/S PRIVATE EYE PVT. LTD. A PRIVATE LIMITED FIRM HAVING ITS OFFICE AT : OLD NO.21, NEW NO.28, ARULMIGHU NULNAR STREET, THIRU NAGAR, CHENNAI - 600 087. REPRESENTED BY ITS REGIONAL MANAGER MR. THILAKAN.M.C., REGD. OFFICE NO.30/90, 80 FEET ROAD, INDIRANAGAR, BENGALURU - 560 038. REGISTERED UNDER THE INDIAN COMPANIES ACT. 2. MR. JOHN YESUDAS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41056 WP No. 30939 of 2025 AGED ABOUT 55 YEARS, S/O. MR. VERGHESE, MANAGING DIRECTOR, M/S. WAVETEL COMMUNICATION, DOOR NO.1, ALAGAPPA STREET, PURASAWALKAM, CHENNAI - 600 084. … RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 23.08.2025 PASSED BY THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.36) IN EXECUTION NO.117/2024 VIDE ANNEXURE F TO THE WRIT PETITION, IN SO FAR AS ISSUING OF ATTACHMENT WARRANT OF MOVABLES OF JUDGMENT DEBTOR PETITIONER HEREIN, BY ALLOWING THE PRESENT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard the learned counsel for the petitioner. 2. This Court is not inclined to pass any order against the respondents, hence, notice is not issued to the respondents. - 3 - HC-KAR NC: 2025:KHC:41056 WP No. 30939 of 2025 3. This petition is filed by JDR No.2, seeking the following reliefs: "a) Issue a writ of certiorari quashing the order dated 23.08.2025 passed by the XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH No.36) in Execution No.117/2024 vide Annexure F to the Writ Petition, in so far as issuing of attachment warrant of movables of Judgment Debtor - Petitioner herein, by allowing the present Petition; b) Issue a writ of certiorari quashing the order dated 22.02.2025 passed by the XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH No.36) in Execution No.117/2024 vide Annexure F the Writ Petition in so far as permitting the Decree Holder to delete the name of JDR No.1 from the cause title and continue the execution proceedings as against JDR No.1 - Respondent No.2 herein, by allowing the present petition." 4. It is the grievance of the petitioner that, in the execution proceedings initiated by respondent No.1, the petitioner filed an application under Order XXI Rule 26 of CPC, i.e., I.A.No.1. 5. The objection statement has been filed in respect of the said application. However, the Executing Court has not passed any orders on the application filed by the petitioner-JDR No.2 and has proceeded further to issue - 4 - HC-KAR NC: 2025:KHC:41056 WP No. 30939 of 2025 an attachment warrant of movables against the judgment debtor without considering the petitioner's application under Order XXI Rule 26 of CPC. 6. Several contentions are taken by the petitioner in this petition as regards the grievance addressed in the application. 7. The trial Court ought to have passed orders on the application filed under Order XXI Rule 26 of CPC instead of proceeding with the issuance of attachment warrant of movables of the judgment debtor. 8. Thereby, the very filing of the application I.A.No.I becomes and is rendered redundant. Under the circumstances, without adverting to the merits of the application, this Court deems it appropriate to dispose off this matter with a direction to the learned Judge of the Executing Court of XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH No.36). - 5 - HC-KAR NC: 2025:KHC:41056 WP No. 30939 of 2025 ORDER (i) The Executing Court is directed to dispose of the application No.I.A.No.1 filed under Order XXI Rule 26 of CPC expeditiously, and thereafter proceed further in the matter. (ii) The Executive Court shall provide suitable opportunity to both parties before passing an order on the said application. (iii) This Court has not expressed any opinion on the application or the merits of the matter. iv) It is made clear that the Executing Court shall not precipitate the matter till an order is passed on I.A.No.1 filed under Order XXI Rule 26 of CPC. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE TMP List No.: 1 Sl No.: 34