- 1 - HC-KAR NC: 2026:KHC:7502 WP No. 192 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.192 OF 2026 (GM-CPC) BETWEEN: R. KRISHNAMURTHY, SON OF THE LATE RANGAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO.11, “SRIRANGA”, 2ND CROSS, 1ST MAIN ROAD, TPK ROAD, RAGHAVENDRA NAGAR, TUMKUR – 577 223 …PETITIONER (BY SRI. SAGAR B B., ADVOCATE) AND: 1. N. K. VENKATESH, SON OF N P KRISHNA MURTHY AGED ABOUT 70 YEARS, RESIDING AT BILVASREE, 2ND 'B' CROSS, CSI LAYOUT, TUMKUR – 577 223. 2. MANISH BANSAL SON OF MANGILAL BANSAL AGED ABOUT 60 YEARS, RESIDING AT MARUTHINAGAR, ARASIKERE TOWN, TUMKUR DISTRICT -577 223. …RESPONDENTS (BY SRI. AJAY PRABHU M., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) SET ASIDE THE ORDER DATED 21.04.2025, (ANNEXURE-A) PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND CJM, TUMAKURU, IN EX. PET. NO.30/2025, AND CONSEQUENTLY QUASH THE ARREST WARRANT ISSUED Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7502 WP No. 192 of 2026 AGAINST THE PETITIONER; b) DIRECT THE EXECUTING COURT (ADDL. SENIOR CIVIL JUDGE AND CJM, TUMAKURU) TO DECIDE DE NOVO THE MEANS OF THE PETITIONER TO DISCHARGE THE DECREE, IN ACCORDANCE WITH THE LAW; AND c) PASS ANY OTHER ORDER/S THIS HON'BLE COURT MAY DEEM FIT, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: a) Set aside the Order dated 21.04.2025, (Annexure-A) passed by the Addl. Senior Civil Judge and CJM, Tumakuru, in Ex. Pet. No.30/2025, and consequently quash the arrest warrant issued against the Petitioner. b) Direct the Executing Court (Addl. Senior Civil Judge and CJM, Tumakuru) to decide de novo the means of the petitioner to discharge the decree, in accordance with the law; and c) Pass any other order/s this Hon'ble Court may deem fit, considering the facts and circumstances of the case. 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:7502 WP No. 192 of 2026 3. A perusal of the material on record will indicate that the petitioner is aggrieved by the impugned order, whereby the Executing Court directed issuance of arrest warrant as against the petitioner at the instance of the respondent No.1 - Decree Holder, who has instituted the instant execution proceedings. On 07.01.2026, this Court passed the following interim order: “Heard. Issue emergent notice to the respondents returnable by 09.02.2026. In the meanwhile, all further proceedings in Ex.Pet.No.30/2025 pending on the file of the Addl. Senior Civil Judge and CJM, Tumakuru, are hereby stayed till the next date of hearing, subject to the petitioner depositing Rs.5 Lakhs before the Executing Court in on or before 07.02.2026. Liberty is reserved in favour of respondents to seek vacation / modification of this order. Hand delivery of this order is permitted.” 4. In pursuance of the same, the petitioner has deposited Rs.5,00,000/- before the Executing Court and a memo in this regard is filed by the petitioner. - 4 - HC-KAR NC: 2026:KHC:7502 WP No. 192 of 2026 5. Learned counsel for respondent No.1 - Decree Holder on instructions submits that the respondent No.1 may be permitted to withdraw the said amount deposited by the petitioner with a direction to the Executing Court to dispose of the execution proceedings within a stipulated time frame. 6. In view of the aforesaid facts and circumstances and the undisputed fact that the execution proceedings are posted before the Executing Court on 20.02.2026, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the arrest warrant issued against the petitioner and direct the Executing Court to dispose of the execution proceedings in accordance with law after hearing both sides within a period of 4 months from 20.02.2026. 7. In the result, I pass the following: ORDER i) The petition is hereby allowed. - 5 - HC-KAR NC: 2026:KHC:7502 WP No. 192 of 2026 ii) The arrest warrant issued against the petitioner in Ex.No.30/2025 on the file of the Additional Senior Civil Judge and CJM, Tumakuru, is hereby set aside. iii) The Executing Court is directed to dispose of the execution proceedings in Ex.No.30/2025 in accordance with law after hearing both sides within a period of 4 months from 20.02.2026. iv) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 21