- 1 - HC-KAR NC: 2025:KHC:53352 WP No. 37816 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 37816 OF 2025 (GM-CPC) BETWEEN: 1. MR. B. N. BHASKAR S/O MR NARAYANAIAH AGED ABOUT 63 YEARS [ 2. LATE MR B N RAMAIH S/O NARAYANAIAH SINCE DEAD BY HIS LRS SMT.SUSHEELAMMA WIFE OF LATE B N RAMAIAH, AGED ABOUT 70 YEARS R/A BILALKOPPA, BILALKOPPA POST, ATTIKUKDIGE VILLAGE, KOPPA TALUK, CHICKMAGALURUDISTRICT 577126 3. MR SUBASH S/O LATE B N RAMAIAH AGE ABOUT 30 YARS R/A AT BAILALKOPPA, BILALKOPPA POST, ATTIKUKDIGE VILLAGE, KOPPA TALUK, CHICKMAGALUR DISTRICT - 577126 4. SMT SUKANYA D/O LATE B N RAMAIAH AND WIFE OF T MANJUNATHA AGED ABOUT 40 YEARS R/A TALIGUGUNDI, HIREJENI, KOTETARIGA POST, HOSANAGARA TALUK, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53352 WP No. 37816 of 2025 SHIVAMOGGA DISTRICT - 577418 5. MR B N VASUDEVAMURTHY S/O NARAYANAIAH AGED ABOUT 58 YEARS 6. MR B N VENKATARAMANA S/O OF NARAYANAIAH AGED ABOUT 51 YEARS 7. MR B N SATHISH S/O OF NARAYANAIAH AGED ABOUT 57 YEARS 8. SMT NAGARATHNA W/O B N KRISHNAMURTHY AGED ABOUT 57 EYARS PETITIONER NOS.1 AND 5 TO 8 ARE RESIDING AT BAILALUKOPPA (BILALKOPPA), ATTIKUDIGE VILLAGE, KOPPA TALUK CHICKMAGALUR DISTRICT - 577126 … PETITIONERS (BY SRI. DHANANJAY JOSHI, SENIOR COUNSEL FOR SRI.VACHAN H U.,ADVOCATE) AND: SRI. RAMA SEVA PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., FORMED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT, 1959 KARIMANE, LOKANATHAPURA, KOPPA TALUK, CHIKMAGALUR DISTRICT REP. BY ITS PRESENT MANAGER MR VASUDEVA BHAT S/O MANJUNATHA BHAT AGED ABOUT 53 YARS R/AT LOKANATHAPURA, KOPPA TALUK CHIKMAGALUR DISTRICT 577126 … RESPONDENT - 3 - HC-KAR NC: 2025:KHC:53352 WP No. 37816 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-TO SET ASIDE THE ORDER DATED 25.09.2025 (ANNX-A) IN EXECUTION PETITION NO. 03 OF 2018 PASSED BY THE COURT OF THE HONORABLE SENIOR CIVIL JUDGE AND JMFC AT NR PURA ITINERATE AT KOPPA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioners. 2. This petition is filed by the petitioners, who are the Judgment debtors before the Executing Court being aggrieved by the rejection of the memo of calculation filed before the executing Court regarding the calculation of the amount, which is decided by way of an OTS settlement. 3. It is the contention of senior counsel Sri.Dhananjay Joshi that the executing Court has not considered the memo of calculation filed by the petitioners/judgment debtors before the executing Court and has mechanically dismissed the memo of calculation. He further contends that the impugned order is perverse, - 4 - HC-KAR NC: 2025:KHC:53352 WP No. 37816 of 2025 arbitrary and contrary to the agreements between both judgment debtors and the decree holder. 4. It is further contended that the memo of calculation filed by the petitioners/judgment debtors is in accordance with the OTS approval and there is a mathematical error in the calculation made by the bank. Hence, the executing Court ought to have made a mathematical calculation based on the memo of calculations filed by the parties and could have arrived at a conclusion by itself, which it has not done and dismissed the application without making calculation or seeking approval from both parties, he further contends that memo of calculation was not filed by the DHR. Hence, he contends that the executing Court has mechanically passed the order dismissing the memo of calculation, which is the subject matter in this petition. 5. This Court does not find the need or necessity to issue notice to the respondent/decree - 5 - HC-KAR NC: 2025:KHC:53352 WP No. 37816 of 2025 holder/co-operative bank for the reason that this Court is not inclined to pass any adverse order against the respondent/decree holder/co-operative bank but is inclined to remit the matter back to the executing Court to reconsider the memo of calculation by taking a memo of calculation from the decree holder as well, as it is a mathematical calculation with regard to the OTS approval, which requires to be considered. The same can either be arrived at by the parties themselves by making a proper mathematical calculation, or if they differ, the Court will have to arrive at a conclusion based on the OTS approval which is now sought to be executed, and if required, take the assistance of a chartered accountant to arrive at a proper amount on the OTS settlement approval provided by the bank. Under these circumstances, I pass the following order. ORDER i) The petition is disposed of. - 6 - HC-KAR NC: 2025:KHC:53352 WP No. 37816 of 2025 ii) The matter is remitted back to the Executing Court to reconsider the memo of calculation filed by the petitioners/judgment debtors. iii) The executing Court may also seek a memo of calculation to be filed by the decree holder. iv) The Executing Court, if required and if there is any difference of opinion, shall seek the assistance of a chartered accountant, agreeable to both the parties or independently by the Court and shall take the proper decision on the memo of calculation. v) Ordered accordingly. vi) In view of the order passed herein today, the executing Court shall not take any precipitative action against the judgment - 7 - HC-KAR NC: 2025:KHC:53352 WP No. 37816 of 2025 debtors till the reconsideration of memo of calculation. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 2 Sl No.: 2