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2026 DAILYLAW 13691 (KAR)

M/S SYON CHIT FUND PVT LIMITED v. MR B P MANJUNATH

WP/3118/2026 · 2026-02-19

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10293 WP No. 3118 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. 3118 OF 2026 (GM-CPC) BETWEEN: M/S. SYON CHIT FUND PVT. LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT, 2013 M/S. SYON CHIT FUND PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO.27, 27TH CROSS, JAYANAGAR 6TH BLOCK BENGALURU-560 070 BRANCH OFFICE AT NO.267/1-A, D-1/1-A 2ND FLOOR, RAMAVILASA ROAD, MYSORE ALSO AT NO:-73,1ST FLOOR, 3RD CROSS TEACHER'S COLONY, 1ST STAGE DAYANANDA SAGAR COLLEGE MAIN ROAD KUMARASWAMY LAYOUT BANGALORE-560 078 MOB:9742242313 REPRESENTED BY ITS MANAGING DIRECTOR SRI DHANUSH N. REPRESENTED BY ITS MANAGING DIRECTOR DHANUSH N. AGED ABOUT 32 YRS SF01, BADAMI BANASHANKARI RESIDENCY 5TH MAIN, 2ND CROSS APPAIAHSWAMY LAYOUT, UTTARAHALLI BANGALORE-560 061 MOBILE NO.+91 9742242313 Email ID:dhanushdhanu313@gmail.com …PETITIONER (BY SRI SHRIRAM ADIGA, ADVOCATE) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10293 WP No. 3118 of 2026 AND: 1. MR. B. P. MANJUNATH AGED ABOUT 39 YEARS NO.1498, JAINS COLONY 2ND CROSS, ASHOKANAGARA MANDYA-571 401 2. MRS. SHIVANI K.N. AGED ABOUT 30 YEARS NO.808, BANNUR ROAD KOTTATTI VILLAGE, KOTTATTI HOBLI MANDYA-571 402 3. MR. SURENDRA D. S. AGED ABOUT 39 YEARS BASAVESHWARA TEMPLE ROAD DUDDA VILLAGE, K. R. PETE TALUK MANDYA-571 405 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF ISSUING NOTICE ON INTERLOCUTORY APPLICATION AND EXECUTION PETITION TO THE JUDGEMENT DEBTORS ON 13.01.2026 PASSED IN EX.NO.01/2026 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT MANDYA VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10293 WP No. 3118 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “(a) Issue a Writ of Certiorari to set aside the order of issuing notice on Interlocutory Application and Execution Petition to the Judgment Debtors on 13.01.2026 passed in Ex.No.01/2026 on the file of the II Addl. District and Sessions Judge, at Mandya Vide Annexure-A. (b) Issue a direction to consider the application filed by the Petitioner under order 21 rule 48 of the Civil Procedure Code 1908 in Ex.No.01/2026on the file of the II Addl. District and Sessions judge, at Mandya vide Annexure-D. (c) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts & circumstances of this case in the interest of justice and equity.” 2. After arguing the matter for some time, learned counsel for the petitioner submits that in the instant execution proceedings the petitioner has filed an application in I.A No.1/2026 under Order XXI Rule 48 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) and the Executing Court may be directed to consider and pass appropriate orders on the said application on the next date of hearing of the proceedings of the execution petition, which currently stands posted on 07.03.2026. - 4 - HC-KAR NC: 2026:KHC:10293 WP No. 3118 of 2026 3. The said submission is placed on record. 4. The Petition stands disposed of directing the Executing Court to consider and pass appropriate orders on the application in I.A No.1/2026 filed by the petitioner under Order XXI Rule 48 of the CPC on 07.03.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 3 Sl No.: 26