- 1 - HC-KAR NC: 2025:KHC:47300 WP No. 7494 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7494 OF 2021 (GM-CPC) BETWEEN: 1. SRI. UDAY, S/O DR. M CHANDRASHEKAR, AGED ABOUT 62 YEARS, R/AT FLAT NO.6, VEERU APARTMENTS, CHOWDAIAH BLOCK, R T NAGAR, HMT LAYOUT MAIN ROAD, BENGALURU - 560 032. …PETITIONER (BY SRI.NIVEDITHA C. SHIVANAIKAR., ADVOCATE FOR SRI.VIJETHA R NAIK.,ADVOCATE) AND: 1. SMT. C. M. JANAKI @ JANAKAMMA, W/O SRI. BHEEMAIAH, AGED ABOUT 73 YEARS, R/AT NO.93/2B, GROUND AND FIRST FLOOR, KAVERI KRUPA, 6TH MAIN, 7TH CROSS, HMT LAYOUT RT NAGAR, BENGALURU - 560 032. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DTD 04.01.2020 AND 26.03.2020 PASSED BY THE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-40), BENGALURU, IN EXECUTION PETITION NO.2305/2017 VIDE ANNX-E AND F TO THE W.P. AND ETC., Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47300 WP No. 7494 of 2021 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Learned Counsel for the petitioner has filed a memo seeking permission of this Court to withdraw the writ petition and he also has prayed to permit him to withdraw the amount of Rs.1,00,000/- (Rupees One Lakh only) said to have been deposited by the petitioner before this Court. She submits that this Court had granted an interim order on 15.04.2021 subject to the condition that petitioner deposit a total sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) before this Court within the period mentioned in the order dated 15.04.2021. She submits that since petitioner has failed to deposit the entire amount of Rs.2,50,000/-, the interim order granted by this Court was not extended further. 2. Submission made on behalf of the petitioner and the memo filed is taken on record. - 3 - HC-KAR NC: 2025:KHC:47300 WP No. 7494 of 2021 3. This Court had granted a conditional interim order on 15.04.2021. Execution case is filed in the year 2017 against petitioner for recovery of arrears of rent and also for recovery of the damages as per the decree passed in O.S.No.4520/2014. Petitioner who is a tenant having obtained an conditional interim order from this Court is before this Court in this writ petition for the last four years and therefore, I am of the opinion that amount in deposit is required to be transferred to the execution Court since the execution case in Ex.No.2305/2017 is still pending. Accordingly, the following: ORDER (i) The writ Petition is dismissed as withdrawn. (ii) The amount of Rs.1,00,000/- deposited by the petitioner before this Court is directed to be transferred to the Court of XXXIX Additional City Civil Judge and Sessions Judge, Bengaluru - 4 - HC-KAR NC: 2025:KHC:47300 WP No. 7494 of 2021 for the purpose of passing appropriate orders on the same in Ex.No.2305/2017 which is pending consideration. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 83