- 1 - HC-KAR NC: 2026:KHC:10323 WP No. 3966 of 2026 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. 3966 OF 2026 (GM-CPC) BETWEEN: 1. SRI RAJESHDAS KANNEELATHU S/O. SRI ACHUTHAN SIVADASAN AGED ABOUT 48 YEARS R/O. APARTMENT NO.F-12, I FLOOR "GOLDEN MEADOWS" SITUATED AT HENNUR VILLAGE HENNUR-BAGALUR MAIN ROAD BENGALURU-560 077 2. SMT. SOSHIA CHANDRAN W/O. SRI RAJESHDAS KANNELATHU AGED ABOUT 47 YEARS R/O. APARTMENT NO. F-12, I FLOOR "GOLDEN MEADOWS" SITUATED AT HENNUR VILLAGE HENNUR-BAGALUR MAIN ROAD BENGALURU-560 077 …PETITIONERS (BY SRI KRISHNA B. S., ADVOCATE) AND: 1. SRI T. G. NAGESH S/O. LATE T. R. GOPALAKRISHNA SETTY AGED ABOUT 54 YEARS R/O. NO.918, CHAMPAK NILAYA NEAR JAIN MANDIR, BRAHMIN STREET KOLAR-563 1010 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10323 WP No. 3966 of 2026 2. SMT. S. C. NAGAVENI W/O. SRI. A. NANDA KUMAR AGED ABOUT 57 YEARS 3. SRI. A. NANDA KUMAR S/O. LATE SRI ASWATHAPPA RESPONDENTS 2 & 3 ARE R/O. NO.80, 80 FEET ROAD DEVASANDRA, RMV 2ND STAGE BANGALORE-560 094 4. SMT. DHANALAKSHMI W/O. SRI R. SHANKAR AGED ABOUT 52 YEARS 5. SRI R. SHANKAR S/O. LATE SRI RAMCHANDRAPPA AGED ABOUT 59 YEARS RESPONDENTS 4 & 5 ARE R/O. "MANJUNATHA NILAYA” KACHARAKANAHALLI ST. THOMAS TOWN POST, HENNUR MAIN ROAD BANGALORE-560 084 RESPONDENTS 2 TO 5 ARE REPRESENTED BY THEIR GPA HOLDER M/S. YASHASWINI BUILDER PRIVATE LIMITED HAVING ITS OFFICE AT NO.40 & 41 6TH CROSS, BHUVANESHWARI NAGAR DASARAHALLI, HEBBAL BENGALURU-560 024 REPRESENTED BY ITS CHAIRMAN & M. D. SRI MAHESH GURAJAPALLI 6. M/S. YASHASWINI BUILDER PRIVATE LIMITED HAVING ITS OFFICE AT NO.40 & 41 6TH CROSS, BHUVANESHWARI NAGAR - 3 - HC-KAR NC: 2026:KHC:10323 WP No. 3966 of 2026 DASARAHALLI, HEBBAL BENGALURU-560 024 REPRESENTED BY ITS CHAIRMAN & M. D. SRI MAHESH GURAJAPALLI 7. SRI MAHESH GURAJAPALLI S/O. NOT KNOWN AGED ABOUT 52 YEARS NO.40 & 41, 6TH CROSS BHUVANESHWARI NAGAR DASARAHALLI, HEBBAL BENGALURU-560 024 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 15/11/2025 PASSED BY THE HON'BLE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-59) AT BENGALURU ON I.A.NO.II IN EXECUTION PROCEEDINGS NO.3080 OF 2019, VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “1. Issue a writ of Certiorari, setting aside the order dated 15-11-2025 passed by the Hon'ble LVIII Additional City Civil & Sessions Judge (CCH-59) at Bengaluru on I.A.No.II in Execution Proceedings No.3080 of 2019, vide Annexure-A, - 4 - HC-KAR NC: 2026:KHC:10323 WP No. 3966 of 2026 2. Issue a writ of mandamus directing the Hon'ble LVIII Additional City Civil & Sessions Judge (CCH-59), Bengaluru to reconsider I.A.No.II in Execution Proceedings No.3080 of 2019 in accordance with law; vide Annexure-C, 3. Grant any other relief/s as this Hon'ble Court deems fit given the facts and circumstances of the case in the interests of justice and equity.” 2. Learned counsel for the petitioners submits that though the petitioners are obstructors/objectors to the instant execution proceedings in which the application – I.A No.II filed by the decree holder under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) was rejected, there are certain findings recorded against the petitioners, who are aggrieved by the same and have accordingly preferred the present petition. 3. It is further submitted that the present petition may be disposed of reserving liberty in favour of the petitioners to file an appropriate application for obstruction under Order XXI Rule 97 of the CPC before the Trial Court, which may be directed to consider the same and pass appropriate orders before proceeding further and in accordance with law, without being influenced by the findings and observations recorded in the impugned order. 4. The said submission is placed on record. - 5 - HC-KAR NC: 2026:KHC:10323 WP No. 3966 of 2026 5. The Petition stands disposed of reserving liberty in favour of the petitioners to file an application under Order XXI Rule 97 of the CPC in the instant execution proceedings. If the petitioner files such an application before the Executing Court, the Executing Court shall consider the same and pass appropriate orders on the said application before proceeding further in the matter and dispose of the said application without being influenced by the findings and observations recorded in the impugned order. 6. Subject to the aforesaid directions, liberty reserved in favour of the petitioners and leaving open all rival contentions between the petitioners and respondents, the Petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 3 Sl No.: 34