- 1 - HC-KAR NC: 2026:KHC:10527 WP No. 12732 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12732 OF 2025 (GM-CPC) BETWEEN: H.VITTAL SON OF R. HANUMANTAIAH, AGED ABOUT 74 YEARS, HAVING OFFICE AT NO. 1029, THE MERIDIAN APARTMENT, JAYALAKSHMI VILAS ROAD, CHAMARAJAPURAM, MYSURU 570 005 …PETITIONER (BY SRI.C.K.NANDA KUMAR, SR. COUNSEL FOR SRI. RAGHURAM CADAMBI.,ADVOCATE) AND: 1. SHAMA SUNDAR SON OF LATE NARAYANA SWAMY, AGED ABOUT 70 YEARS. R/AT NO. 305, THE MERIDIAN, GEETA ROAD, CHAMARAJAPURAM, MYSURU 570 005. 2. SMT. C.V. SARASWATHI, WIFE OF SHAMA SUNDAR R, AGED ABOUT 63 YEARS. RESIDING AT NO. 305, THE MERIDIAN, GEETA ROAD, CHAMARAJAPURAM, MYSURU - 570 005 3. SRI. S. GURURAJ @ PAWAN SHETTY, SON OF SHAMA SUNDAR, AGED ABOUT 46 YEARS. RESIDING AT NO. 305, THE MERIDIAN, GEETA ROAD, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10527 WP No. 12732 of 2025 CHAMARAJAPURAM, MYSURU 570 005. 4. SMT. S. SHANTALA, DAUGHTER OF SHAMA SUNDAR, AGED ABOUT 45 YEARS. RESIDING AT NO. 305, THE MERIDIAN, GEETA ROAD, CHAMARAJAPURAM, MYSURU 570 005 5. SRI. S. YOGANATH, SON OF SHAMA SUNDAR, AGED ABOUT 38 YEARS, RESIDING AT NO. 305, THE MERIDIAN, GEETA ROAD, CHAMARAJAPURAM, MYSURU 570 005 SMT. PADMA, DECEASED WIFE OF LATE KRISHNAMURTHY, AGED ABOUT 79 YEARS, RESIDING AT NO. 105, THE MERIDIAN, NO. 1029, GEETA ROAD, CHAMARAJAPURAM, MYSURU 570 005. 6. SRI. M. K. BHASKAR, SON OF LATE KRISHNAMURTHY, AGED ABOUT 51 YEARS, RESIDING AT NO. 105, THE MERIDIAN, NO. 1029, GEETA ROAD, CHAMARAJAPURAM, MYSURU 570 005. 7. SMT. DEVAKI, WIFE OF RANGA RAMU, AGED ABOUT 62 YEARS, RESIDING AT NO. 99, 3RD MAIN, J. C. NAGAR, K. B. HALLI, MAHALAKSHMIPURAM, BENGALURU 560 086. …RESPONDENTS (BY SRI. RANGARAMU V.,ADVOCATE FOR R1 TO R5; SRI.RENUKARADHYA R.D., ADVOCATE FOR R7) - 3 - HC-KAR NC: 2026:KHC:10527 WP No. 12732 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO THE HONBLE II ADDL. SENIOR CIVIL JUDGE AND CJM, MYSURU TO ALLOW THE DRAFT DTD.08.01.2025 VIDE ANNEXURE –H FILED BY THE PETITIONER AND THE MAIN PETITION IN EX.NO. 35/2020 ANNEXURE-B WITHIN THE TIME FRAME AS FIXED BY THIS HONBLE COURT. 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, the petitioner seeks the following reliefs: “(a) Issue a direction or any such other appropriate writ or orders or directions to the Hon’ble II Addl. Senior Civil Judge and CJM, Mysuru to allow the draft dated 08.01.2025 vide (Annexure-H) filed by the petitioner and the main petition in Ex.No.35/2020 (Annexure-B) within the time frame as fixed by this Hon’ble Court; or (b) To award costs and grant such other relief as this Hon’ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity.” 2. Heard learned Senior counsel for the petitioner and learned counsel for respondent Nos.1 to 5 and 7, respectively and perused the material on record. 3. Learned Senior counsel for the petitioner-decree holder submits that having regard to the previous round of litigation - 4 - HC-KAR NC: 2026:KHC:10527 WP No. 12732 of 2025 which ultimately culminated in the judgment and decree dated 25.02.2021 passed in R.S.A.No.959/2020, which is now put into execution by the petitioner-decree holder, the question of the Executing Court directing both parties to reach consensus on the draft GPA and to file the same before the Executing Court would not arise in the facts and circumstances in the incident case and the Executing Court may be directed to proceed further and dispose of the execution proceedings in accordance with law. 4. In this context, a perusal of the order dated 24.03.2025 passed in Ex.No.35/2020 by the Executing Court reads as under: “The case now stands posted for the order on the draft GPA furnished by both sides, so as to approve the draft. However, inspite of the detailed order passed by this Court on 12.11.2024 regarding the draft GPA furnished by the decree holder on 30.05.2024, no consensus has been reached by the parties on the draft GPA. The draft GPAs now furnished by the parties are not clear as to what are their objections to each other’s GPA. Unless and until both sides discuss, reach consensus and furnish the final draft of the GPA, the matter will not end. - 5 - HC-KAR NC: 2026:KHC:10527 WP No. 12732 of 2025 Thus, the both parties are directed to reach consensus on the draft GPA and file the same before the court on or before 05.06.2025.” 5. As the aforesaid facts and circumstances clearly indicate that the execution proceedings are being contested by the respondents-judgment debtors, the question of directing both parties to arrive at a consensus that and submit a draft GPA by consent would not arise and as such, I deem it just and appropriate to set aside the impugned order and issue necessary directions to the Executing Court to proceed further and dispose of the execution proceedings in accordance with law. 6. In the result, I pass the following: ORDER (i) The petition allowed. (ii) The impugned order dated order dated 24.03.2025 passed in Ex.No.35/2020 by the Executing Court is hereby set aside. (iii) The Executing Court is directed to proceed further and dispose of the Execution Proceedings within a period of six months from the date of receipt of a copy of this order. - 6 - HC-KAR NC: 2026:KHC:10527 WP No. 12732 of 2025 (iv) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 6