- 1 - HC-KAR NC: 2025:KHC:27270 WP No. 19557 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19557 OF 2025 (GM-CPC) BETWEEN: 1. MS. RAJALAKSHMI RAMACHANDRA W/O LATE RAMACHANDRA REDDY AGED ABOUT 74 YEARS, PRESENTLY R/A NO. 41, 1ST CROSS, MALLESHWARAM, BANGALORE-03 2. SMT. SHALINI RAMACHANDRA, D/O LATE RAMACHANDRA REDDY AGED ABOUT 41 YEARS, PRESENTLY R/A NO. 41, 1ST CROSS, MALLESHWARAM, BANGALORE-03 3. MS. SRIVIDYA RAMACHANDRA D/O LATE RAMACHANDRA REDDY AGED ABOUT 41 YEARS, PRESENTLY R/A NO. 41, 1ST CROSS, MALLESHWARAM, BANGALORE - 03 4. SMT. SHYLAJA RAMACHANDRA D/O LATE RAMACHANDRA REDDY AGED ABOUT 41 YEARS, PRESENTLY R/A NO. 41, 1ST CROSS, MALLESHWARAM, BANGALORE - 03 PETITIONER NO.2 TO 4 ARE REPRESENTED BY THEIR GPA HOLDER AND Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27270 WP No. 19557 of 2025 PETITIONER NO.1 HEREIN, MS. RAJALAKSHMI RAMACHANDRA, W/O. LATE RAMACHANDRA REDDY. …PETITIONERS (BY SRI. VIVEK SUBBA REDDY, SR. COUNSEL FOR SRI. SUBBA REDDY K.N, ADVOCATE) AND: 1. JINENDRA KUMAR GANDHI S/O MULCHAND GANDHI AGE MAJOR 2. SMT. URMILA KUMAR GANDHI W/O. MOOLENDRA KUMAR GANDHI AGE MAJOR BOTH ARE R/A C/O MICRO STRIPS, TIMBER YARD LAYOUT, MYSORE ROAD, BENGALURU - 26. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED EXECUTING COURT TO DISPOSE OF I.A.NO.5/23 ANNX-B FILED UNDER ORDER 38 RULE 1 AND 5 OF CPC BY THE DHRs HEREIN IN EX.P.NO. 459/2007 PENDING ON THE FILE OF THE HONBLE CIVIL JUDGE BANGALORE CITY BANGALORE (CCH-11) WITHIN ONE MONTH AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27270 WP No. 19557 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri Vivek Subba Reddy, learned Senior counsel for Shri Subba Reddy K.N., learned counsel appearing for the petitioners. 2. The petitioners are the judgment debtors. What has driven the judgment debtors to this Court is the non consideration of an application filed by the petitioners under Order XXXVIII Rules 1 and 5 of the Code of Civil Procedure, 1908 ('the CPC' for short) seeking recall of the order of conditional attachment. The order that has become the bone of contention now, which reads as follows: "In the facts and circumstances, exercising jurisdiction under Order 38 Rule 5(3) of CPC, the property mentioned in IA No.5 of 2023 is conditionally attached subject to hearing of the parties after the appearance of the Lrs of the judgment - debtor No.3. Call on 06-12-2023." 3. The learned Senior Counsel would submit that a direction be issued to the concerned Court to dispose the application filed under Order XXXVIII Rules 1 and 5 of the CPC seeking recall of the said order, within a time frame. - 4 - HC-KAR NC: 2025:KHC:27270 WP No. 19557 of 2025 4. Therefore, the concerned Court shall consider the application, within an outer limit of four weeks from the date of receipt of the copy of this order and pass necessary orders, in accordance with law, if not already passed. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 56 CT: BHK