- 1 - HC-KAR NC: 2026:KHC:7258 WP No. 36183 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 36183 OF 2025 (GM-CPC) BETWEEN: SRI. RAMAKRISHNA G S/O GIRIYAPPA, AGED ABOUT 62 YEARS R/A KENCHENAHALLI VILLAGE, BHEL RAJARAJESHWARI NAGAR, BENGALURU - 560098 …PETITIONER (BY SRI. PREMNATH N.T., ADVOCATE) AND: SMT. RAJALAKSHMI G., W/O BASAVARAJU AGED ABOUT 45 YEARS R/A NO. 85, 1ST MAIN ROAD, 4TH CROSS, MUTHURAYANAGAR, BENGALURU - 560 098. …RESPONDENT (BY SRI. PRASHANTH K S., ADVOCATE FOR CAVEATOR/RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN EX. NO.1395/2021 ARISING OUT OF O.S.NO. 9390/2014 ON THE FILE OF THE LEARNED XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-43) EXAMINE AND QUASH/SET-ASIDE THE IMPUGNED ORDER DATED 01.09.2025 VIDE ANNEXURE -A PASSED ON I.A.NO.1 VIDE ANNEXURE-C BY ISSUE OF WRIT OF CERTIORARI OR APPROPRIATE WRIT OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT TO GRANT, Digitally signed by MADHUSHREE H Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7258 WP No. 36183 of 2025 CONSEQUENTLY DISMISS I.A. NO.1 VIDE ANNEXURE-C FILED BY THE RESPONDENT HEREIN IN THE INTEREST OF JUSTICE AND EQUITY. 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, petitioner seeks the following reliefs:- i) "Wherefore the petitioner humbly pray that this Hon'ble Court may be pleased to call for records in Ex. No.1395/2021 arising out of O.S. No.9390/2014 on the file of the learned XLII Additional City Civil & Sessions Judge, Bengaluru (CCH- 43) examine and quash/set-aside the impugned order dated 01.09.2025 vide Annexure - A passed on I.A.No.1 vide Annexure-C by issue of Writ of Certiorari or appropriate writ or direction as this Hon'ble court deems fit to grant, consequently dismiss I.A. No.1 vide Annexure-C filed by the respondent herein in the interest of justice and equity. ii) Grant such other relief or reliefs as this Hon'ble Court deems fit to grant under the said facts and circumstances of the case in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned counsel for the caveator/respondent and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:7258 WP No. 36183 of 2025 3. When the matter came before this Court on 22.01.2026, the following interim order was passed:- "Learned counsel for the petitioner submits that the petitioner would file an affidavit indicating reasonable time to vacate the suit schedule premises, by the next date of hearing. Re-list on 02.02.2026. In the meanwhile, the Executing Court before whom the execution proceedings are pending, is directed to defer the matter to a date beyond 02.02.2026." 4. Subsequently, the following interim order was passed on 02.02.2026:- "Learned counsel for the petitioner files a memo of undertaking, which reads as under: “The counsel representing the petitioner humbly stated that, on 22.01.2026 it was stated that, it would be suggested to the petitioner that the subject matter premises should be vacated within four months i.e., on or before 31.05.2026 the same was informed to the petitioner and asked to file an affidavit in this aspect. As the petitioner is gone to Mysuru for necessary treatment is unable to file the affidavit in this aspect on this day. The petitioner has agreed to file an undertaking affidavit to vacate the subject matter premises, before this Hon’ble Court within two weeks from today. In this aspect a memo of undertaking to file the affidavit is filed on behalf of the petitioner. Hence this memo may be considered in the interest of justice and equity.” - 4 - HC-KAR NC: 2026:KHC:7258 WP No. 36183 of 2025 To enable the petitioner to file an affidavit as indicated in the aforesaid memo, re-list on 06.02.2026." 5. The petitioner has filed an affidavit of undertaking, which reads as under:- "I, Ramakrishna. G, S/o Giriyappa, aged about 62 years R/a Kenchenahalli Village, BHEL Rajarajeshwarinagar, Bengaluru 560 098, do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the petitioner in the above case I am well conversant with the facts and circumstances of the case. Hence I have sworn to the contents of this affidavit. 2. I submit that, the counsel representing me informed that on 22.01.2026 it was submitted before this Hon'ble Court that, it would be suggested to me that the subject matter of the premises pertaining to the above writ petition should be handed over to the respondent within four months i.e., on or before 31.05.2026 the same was informed to me by my counsel and asked to file an affidavit in this aspect. In this regard I have filed this affidavit before this Hon'ble Court undertaking that I will hand over the subject matter of the property on or before 31.05.2026 to the respondent herein. Hence this affidavit may be considered by this Hon'ble Court. 3. I submit that the statements made in the above para are true and correct to best of my knowledge, information and belief." 6. As can be seen from the aforesaid facts and circumstances and the affidavit of undertaking given by the - 5 - HC-KAR NC: 2026:KHC:7258 WP No. 36183 of 2025 petitioner, nothing further survives in the present petition and the same is hereby disposed of directing the petitioner to voluntarily quit, deliver and hand over vacant possession of the suit schedule premises to the respondent on or before 31.05.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE MH/- List No.: 2 Sl No.: 36