- 1 - HC-KAR NC: 2026:KHC:7619 WP No.26932 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.26932 OF 2025 (GM-CPC) BETWEEN: 1. SMT. N.P.SAROJA W/O LATE N.R.JAYAPRAKASH, AGED ABOUT 73 YEARS. 2. SRI. KIRAN, S/O LATE. N.R.JAYAPRAKASH, AGED ABOUT 49 YEARS BOTH ARE R/AT GAYATHRI SOUTH EXTENSION, BESIDE GNANASAGARA SCHOOL, CHANNARAYAPATNA TOWN AND TALUK - 573116. …PETITIONERS (BY SRI. VENKATESH R. BHAGAT, ADVOCATE) AND: 1. SRI. BOREGOWDA S/O. SRI. RANGEGOWDA, AGED ABOUT 63 YEARS, R/AT RAMESHWARA BADAVANE CHANNARAYAPATNA TOWN AND TALUK HASSAN DISTRICT - 573116. …RESPONDENT (BY SRI. SHIVAMURTHY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7619 WP No.26932 of 2025 ORDER DATED 11.08.2025 TO CONSIDER IA NO. 4 UNDER ORDER 21 RULE 58 OF CODE OF CIVIL PROCEDURE AND FURTHER PROCEEDINGS PURSUANT THERE TO AS PER ANNEXURE-A IN EXECUTION PETITION NO.42/2022 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, HASSAN. 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, petitioners seek following reliefs: "a). Call for the records in Execution Petition No.42/2022 on the file of the Senior Civil Judge and JMFC, Channarayapatna, Hassan; b). Issue writ of certiorari or any other writ or order or direction quashing the impugned order dated 11.08.2025 to consider I.A.No.4 under Order 21 Rule 58 of CPC and further proceedings pursuant there to as per Annexure-A in Execution Petition No.42/2022 passed by the Additional Senior Civil Judge and JMFC, Channarayapatna, Hassan; and c). Grant such other Writ, Order or direction as this Hon'ble Court may deem fit to grant under the facts and circumstances of the case in the interest of justice and equity." - 3 - HC-KAR NC: 2026:KHC:7619 WP No.26932 of 2025 2. When the matter came up before this court on 03.09.2025, the following interim order of stay was passed: “There shall be an interim order of stay as prayed for subject to the condition that the petitioner would deposit Rs.4,00,000/- (Rupees Four Lakh only) in the next two weeks. List the matter on 19.09.2025 in ‘Preliminary Hearing’. Petitioner to serve on the counsel appearing for the decree holder before the concern Court and file an acknowledgement of such service by 15.09.2025. List the matter on 19.09.2025.” 3. In pursuance of the said interim order, the petitioner has deposited Rs.4,00,000/- before the Executing Court. 4. Learned counsel for the petitioners and learned counsel for the respondent jointly submit that the present petition may be disposed of by setting aside the impugned order and by directing the Executing Court to dispose of the execution petition on merits within a period of four months from the next date of hearing of the execution petition which currently stands posted to 23.02.2026 and by disbursing/releasing the amount deposited by - 4 - HC-KAR NC: 2026:KHC:7619 WP No.26932 of 2025 the petitioners before the Executing Court in favour of the respondent/ decree holder. 5. In view of the aforesaid joint submissions made by both sides, I deem it just and appropriate to set aside the impugned order and dispose of this petition directing the Executing Court to dispose of the execution petition on merits within a period of four months from 23.02.2026. 6. In addition thereto, the Executing Court is directed to disburse/release the amount of Rs.4,00,000/- deposited by the petitioner in favour of the respondent/decree holder immediately upon receipt of copy of this order without any delay. 7. Accordingly, petition stands disposed of. SD/- (S.R.KRISHNA KUMAR) JUDGE MR