- 1 - HC-KAR NC: 2026:KHC:9479 WP No. 549 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.549 OF 2026 (GM-CPC) BETWEEN: SMT H T BHAGYALAKSHMI W/O SRI. GNANADEV, AGED ABOUT 47 YEARS, HOME MAKER, R/O GANGA NILAYA, 9TH LEFT CROSS, 4TH MAIN, JAYANAGAR WEST, TUMKUR-572102. …PETITIONER (BY SRI. S V PRAKASH, ADVOCATE) AND: M/S ANURA METAL (INDIA) REPRESENTED BY ITS PROPRIETOR, G.RATHNAKAR, S/O LATE BABU, AGED ABOUT 52 YEARS, PEENYA INDUSTRIAL AREA POST PEENYA, BENGALURU-560 058. …RESPONDENT (BY SRI.R.B. MRUTHYUNJAYA FOR SRI.R.B. SADASIVAPPA, ADVOCATES FOR C/R) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 28.08.2025 PASSED BY THE COURT OF LEARNED VI ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU ON I.A.NO.II IN COM.MISC.NO.1/2025 PRODUCED AS ANNEXURE-E TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9479 WP No. 549 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “a) Issue a writ in the nature of certiorari and quash the order dated 28.08.2025 passed by the Court of learned VI. Addl. District and Sessions Judge, Tumakuru on I.A.No.II in Com.Misc.No.1/2025 produced as Annexure-E to the writ petition. b) Issue an appropriate writ or order or direction allowing I.A.No.II filed by the petitioner in Com.Misc.No.1/2025 on the file of learned VI Additional District and Sessions Judge, Tumakuru as prayed for therein; c) Issue any other appropriate writ or order or direction as the Hon’ble Court deems it appropriate in the admitted facts and circumstances of the case to secure the ends of justice. d) Award the cost of the proceedings.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent-plaintiff instituted a suit in Com.O.S.No.25/2024 against the petitioner-defendant for ejectment / eviction of the petitioner from the suit schedule ‘B’ premises, arrears of rent and for other - 3 - HC-KAR NC: 2026:KHC:9479 WP No. 549 of 2026 reliefs. The petitioner having remained exparte in the said suit, the Commercial Court proceeded to pass judgment and decree dated 12.12.2024 decreeing the suit in favour of the respondent against the petitioner. Aggrieved by the said judgment and decree passed by the Commercial Court, the petitioner has filed the instant Com.Misc.1/2025 under Order IX Rule 13 CPC seeking setting aside of the exparte judgment and decree. The said Com.Misc.No.1/2025 is being contested by the respondent-plaintiff before the Commercial Court. 4. Meanwhile, the respondent-plaintiff having instituted the execution proceedings in Com.Ex.No.131/2025, the petitioner filed I.A.No.1 in the said Com.Misc.No.1/2025 seeking stay of the exparte judgment and decree. By the impugned order, the Commercial Court rejected I.A.No.2 for stay filed by the petitioner, who is before this Court by way of the present petition. When the matter came up before this Court on 19.01.2026, this Court passed the following interim order: “Heard. Issue emergent notice to the respondents returnable by 16.02.2026. - 4 - HC-KAR NC: 2026:KHC:9479 WP No. 549 of 2026 In the meanwhile, all further proceedings in Com.Ex.No.131/2025 on the file of the Commercial Court are stayed, subject to the petitioner depositing Rs.4 Lakhs before the Commercial Court on or before 13.02.2026. Liberty is reserved in favour of respondents to seek vacation / modification of this order. 5. The aforesaid interim order passed by this Court has been complied with by the petitioner, who has deposited the said sum of Rs.4,00,000/- (Rupees four lakhs only) before the Principal District and Sessions Judge, Tumkur, as can be seen from the memo of event date, which reads as under: “In compliance of the order passed by this Hon’ble Court dated: 19.01.2026, the petitioner herein has deposited in a sum of Rs.4,00,000/- (Four lakhs) before the Principal District and Sessions Judge by way of Demand Draft bearing No.013224 on 12.02.2026 drawn on IDBI Bank, Tumkur. The Memo filed before the 6th Addl. District Judge, Tumkur along with D.D. are produced herewith for kind perusal of this Hon’ble Court. Hence this memo.” 6. It is also pertinent to note that the petitioner has handed over possession of the suit schedule premises to the respondent on 27.10.2025 as is evident from paragraph 17 of the grounds urged in the present petition, which reads as under: - 5 - HC-KAR NC: 2026:KHC:9479 WP No. 549 of 2026 “17. The learned district judge ought to have seen that the petitioner has admittedly, delivered the premises to the respondent and now her grievance is that the respondent in the commercial suit sought for recovery of arrears of rent despite the petition having paid the up to date rent and also that the respondent did not return the security deposit of Rs.4,00,000/- which is deposited at the time of entering in to the lease agreement. In view of the above circumstances, the learned District Judge ought to have granted an interim order of stay of the impugned judgment and decree sought to be set aside as an interim measure till the miscellaneous petition is decided on merits of course subject to the conditions.” 7. A perusal of the aforesaid fact and circumstances and the material on record makes it clear that the only issue that arises for consideration in either the Com.Misc.No.1/2025 or in the Com.Ex.No.131/2025 is as regards the arrears of rent payable by the petitioner to the respondent and the deposit to be refunded by the respondent back to the petitioner since the petitioner has already vacated and handed over vacant possession of the suit schedule premises to the respondent. It is an undisputed fact and a matter of record that the petitioner has filed an application under Section 47 CPC before the Commercial Court in Com.Ex.No.131/2025 and the said application is pending - 6 - HC-KAR NC: 2026:KHC:9479 WP No. 549 of 2026 consideration and that the respondent-plaintiff/decree holder has filed his memo of calculations before the Executing Court. Under these circumstances, I deem it just and appropriate to dispose of this petition by issuing certain directions in relation to Com.Misc.No.1/2025 as well as to the Executing Court. 8. In the result, I pass the following: ORDER (i) The petitioner is hereby disposed of. (ii) The Commercial Court before whom Com.Misc.No.1/2025 is pending is directed to close the said Miscellaneous proceedings as having become infructuous immediately upon receipt of a copy of this order. (iii) The Executing Court before whom Com.Ex.No.131/2025 is pending is directed to conduct an enquiry as regards arrears of rent allegedly payable by the petitioner to the respondent as well as the amount refunded / to be refunded by the respondent back to the petitioner and pass appropriate orders in the execution proceedings as expeditiously as possible. - 7 - HC-KAR NC: 2026:KHC:9479 WP No. 549 of 2026 (iv) Both parties are directed to file their respective memos of calculations before the Executing Court. (v) Liberty is reserved in favour of the petitioner to file objections and documents to the Execution petition. (vi) Liberty is also reserved in favour of the respondent to file pleadings, objections and documents. (vii) 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. (viii) The Executing Court is directed to consider the rival contentions and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. (ix) The amount of Rs.4,00,000/- (Rupees Four lakhs only) deposited by the petitioner would be subject to the final outcome of the execution proceedings. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 11