- 1 - HC-KAR NC: 2026:KHC:22157 WP No. 47952 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 47952 OF 2019 (GM-CPC) BETWEEN: M/S. SUNRISE MINING COMPANY PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT, NO.3, GROUND FLOOR, AMOL APARTMET, B.K.MARG, NEAR JOHNSON HOUSE, MAHIM (WEST), MUMBAI - 400 016. REPRESENTED BY ITS DIRECTOR, MR.PARAMBIR SINGH CHABBRA. …PETITIONER (BY MS.KAVERI G KURUVATTI, ADVOCATE FOR SRI. KIRAN V RON., ADVOCATE) AND: 1. SRI.YASHWANTH LAXMAN SABLE, S/O LATE LAXMAN MALLARI SABLE, MINING CRUSHER BUSINESS & TRADER, SHIRUR PARK, VIDYANAGAR, HUBLI, ALSO AT, SABLE APARTMENT, NEAR BSNL TELEPHONE EXCHANGE, SHANTINAGAR, OLD MUMBAI PUNE HIGHWAY, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22157 WP No. 47952 of 2019 KHOPOLI, RAIGAD - 410 203. 2. M/S ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED, HAVING ITS REGISTERED OFFICE AT THE RUBY, 10TH FLOOR, 239, SENAPATHI BAPAT MARG DADAR (W), HAVING ITS BRANCH OFICE AT , UNIT NO.305, 3RD FLOOR, KEDIA ARCADE, NO.92, INFANTRY ROAD, BANGALORE - 560 001. REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR.G.HARISHKUMAR. …RESPONDENTS (NOTICE TO R1 HELD SUFFICIENT VIDE ORDER DATED 13.06.2025; R2 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; SET ASIDE THE ORDER DATED 20.07.2019 PASSED IN EX.P.NO.2795/2015 BY THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-18) ALLOWING I.A.NO.4 DISMISSING THE EXECUTION PETITION ANNEXURE - A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:22157 WP No. 47952 of 2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER 1. This petition is filed challenging the Order dated 20.07.2019 passed in Execution Petition No.2795/2015 by the XIX Additional City Civil and Session Judge, Bengaluru, CCH-18 (for short 'the Trial Court'). 2. Smt.Kaveri G.Kuruvatti, learned counsel appearing for the petitioner submits that the petitioner's execution petition was closed by the Execution Court by allowing the application filed by the Judgment Debtor on the ground that the petitioner has filed the execution petition in Civil Court at Hubli to execute the judgment and decree in O.S.No.54/2009. It is submitted that the suit of the petitioner was decreed which was challenged by the respondent in an appeal and the parties have entered the compromise in the appeal. However, the respondent- judgment Debtor has failed to adhere to the compromise resulted in filing of the execution petition. However, the Executing Court proceeded to reject the execution petition - 4 - HC-KAR NC: 2026:KHC:22157 WP No. 47952 of 2019 on the ground that another execution petition is filed by the petitioner in the Hubli Court and to indicate that the said petition is also closed before the Hubli Court and an affidavit of the Director is filed. Hence, she seeks to allow the petition by setting aside the impugned order and restoring the execution petition. 3. There is no representation for the respondents. 4. I have heard the arguments of learned counsel for the petitioner meticulously and perused the material available on record. 5. The petitioner herein has filed O.S.No.54/2009 on the file of the Principal Civil Judge and J.M.F.C., Hospet for recovery of an amount of ₹ 3,07,58,424/- and the said suit came to be decreed on 28.09.2010. Being aggrieved, the respondent preferred regular first appeal i.e., R.F.A.No.3102/2010 before this Court. The appeal was settled before the Lok Adalath on 21.08.2012 and as per the terms of the compromise, decree was drawn. It is - 5 - HC-KAR NC: 2026:KHC:22157 WP No. 47952 of 2019 contended that the Judgment Debtor has failed to adhere to the terms of compromise. Hence, the petitioner filed an Execution Petition No.2795/2015 seeking to enforce the judgment and decree. It is to be noticed that the Trial Court has proceeded to close the execution petition filed by the petitioner, mainly on the ground that another execution petition is pending before the Executing Court at Hubli in Execution Petition No.111/2011. It is to be noticed that the Director of the petitioner - Company has filed an affidavit which is placed on record would indicate that the execution petition filed by the petitioner in Execution Petition No.111/2011 in the Court of First Additional Senior Civil Judge in J.M.F.C., Hubli is closed. 6. Considering the aforesaid affidavit and also keeping in mind the fact that the Judgment Debtor has not satisfied the decree, I am of the considered view that the petition deserves to be allowed. For the aforementioned reasons, I proceed to pass the following; - 6 - HC-KAR NC: 2026:KHC:22157 WP No. 47952 of 2019 ORDER (i) The writ petition is allowed. (ii) The impugned order dated 20.07.2019 passed in Execution Petition No.2795/2015 by XIX Additional City Civil and Sessions Judge, Bengaluru (CCH-18) is set-aside. The execution petition filed by the petitioner is restored. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE GH List No.: 1 Sl No.: 8