- 1 - HC-KAR NC: 2026:KHC:23079 WP No. 33242 of 2024 C/W WP No. 32966 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33242 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 32966 OF 2024 (GM-CPC) IN WP No. 33242/2024 BETWEEN: SRI. CHANDAN. P S/O . SRI PAPANNA BALAJI AGED ABOUT 21 YEARS R/AT MAGGADA BEEDI MEGALAKERI EXTENSION CHANNARAYAPATNA TOWN CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573116 …PETITIONER (BY SRI. VENKATESH R BHAGAT., ADVOCATE) AND: 1. SRI. PAPANNA BALAJI S/O LATE PALANISWAMY AGED ABOUT 40 YEARS. 2. SMT. ROOPA W/O SRI PAPANNA BALAJI AGED ABOUT 41 YEARS 3. KUM REETHU P D/O SRI PAPANNA BALAJI AGED ABOUT 12 YEARS SINCE MINOR REP BY HER Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23079 WP No. 33242 of 2024 C/W WP No. 32966 of 2024 GUARDIAN AND FATHER SRI PAPANNA BALAJI R1 TO R3 ARE R/AT MAGGADA BEEDI MEGALAKERI EXTENSION CHANNARAYAPATNA TOWN CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573116. 4. SRI A V JAYAPAL S/O VISHAKANTEGOWDA AGED ABOUT 44 YEARS. 5. SMT B B HEMA W/O SRI A.V. JAYAPALA AGED ABOUT 36 YEARS R4 AND R5 ARE R/AT NO. 14 NEAR GANDI CIRCLE MAGGADA BEEDI MEGALAKERI EXTENSION CHANNARAYAPATNA TOWN CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573116 …RESPONDENTS (BY SRI. BHARATH B., ADVOCATE FOR R1 TO R3: SRI. D T NANJESH GOWDA, ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING IMPUGNED ORDER DATED: 26.11.2024 PASED IN EX/51/2023 ON IA.NO.8 FILED UNDER ORDER 21 RULE 35 OF CPC PASSED BY THE LEARNED ADDITITONL SENIOR CIVIL JUDGE AND JMFC AT CHANNARAYAPATNA AT ANNEXURE-A BY ALLOWING ABOVE WRIT PETITION AND ETC. - 3 - HC-KAR NC: 2026:KHC:23079 WP No. 33242 of 2024 C/W WP No. 32966 of 2024 IN WP NO. 32966/2024 BETWEEN: SRI. CHANDAN. P S/O . SRI PAPANNA BALAJI AGED ABOUT 21 YEARS R/AT MAGGADA BEEDI MEGALAKERI EXTENSION CHANNARAYAPATNA TOWN CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573116 …PETITIONER (BY SRI. VENKATESH R BHAGAT., ADVOCATE) AND: 1. SRI. PAPANNA BALAJI S/O LATE PALANISWAMY AGED ABOUT 40 YEARS. 2. SMT. ROOPA W/O SRI PAPANNA BALAJI AGED ABOUT 41 YEARS 3. KUM REETHU P D/O SRI PAPANNA BALAJI AGED ABOUT 12 YEARS SINCE MINOR REP BY HER GUARDIAN AND FATHER SRI PAPANNA BALAJI R1 TO R3 ARE R/AT MAGGADA BEEDI MEGALAKERI EXTENSION CHANNARAYAPATNA TOWN CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573116. 4. SRI A V JAYAPAL S/O VISHAKANTEGOWDA AGED ABOUT 44 YEARS. - 4 - HC-KAR NC: 2026:KHC:23079 WP No. 33242 of 2024 C/W WP No. 32966 of 2024 5. SMT B B HEMA W/O SRI A.V. JAYAPALA AGED ABOUT 36 YEARS R4 AND R5 ARE R/AT NO. 14 NEAR GANDHI CIRCLE, MAGGADA BEEDI MEGALAKERI EXTENSION CHANNARAYAPATNA TOWN CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573116 ...RESPONDENTS (BY SRI. BHARATH B., ADVOCATE FOR R1 TO R3: SRI. D T NANJESH GOWDA, ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING IMPUGNED ORDER DATED: 09.07.24 PASSED IN EX/51/23 ON IA NO. 6 FILED UNDER ORDER 21 RULE 29 OF CPC REQUESTING TO STAY EXECUTION PROCEEDINGS TILL THE DISPOSAL OF CIVIL MIS. PETITION NO. 11/23 PASSED BY THE LEARNED ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHANNARAYAPATNA, AT ANNEXURE-A BY ALLOWING ABOVE WRIT PETITION AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD COMMON ORAL ORDER 1. In W.P.No.33242/2024, the petitioner-Judgment Debtor No.3 has called in question the impugned order dated 26.11.2024 passed by the Additional Senior Civil Judge and JMFC, Channarayapatna, Hassan (hereinafter - 5 - HC-KAR NC: 2026:KHC:23079 WP No. 33242 of 2024 C/W WP No. 32966 of 2024 referred to as ‘Executing Court’ for short) on I.A.No.VIII filed under Order XXI Rule 35 of CPC, in Ex.No.51/2023 whereby the said application filed by the Decree Holder No.1 has been allowed. 2. In W.P.No.32966/2024, the petitioner-Judgment Debtor No.3 has called in question the impugned order dated 09.07.2024 passed by the Executing Court on I.A.No.VI filed under Order XXI Rule 29 of CPC, in Ex.No.51/2023 whereby the said application filed by Judgment Debtor No.3 has been dismissed. 3. Since both writ petitions arise out of similar dispute and parties, both the petitions are clubbed, heard together and are being disposed of by this common order. 4. Respondent Nos.4 and 5, who are the Decree Holders, filed a suit for specific performance of contract in O.S.No.120/2021. The petitioner herein was arrayed as defendant No.3 in the said suit and was a minor at the relevant time. During the trial, the Court appointed a guardian to represent the minor. Some of the other - 6 - HC-KAR NC: 2026:KHC:23079 WP No. 33242 of 2024 C/W WP No. 32966 of 2024 defendants were placed ex parte. The suit came to be decreed directing defendant Nos.1 to 4 to execute the sale deed in favour of the plaintiffs within three months from the date of the order, on receipt of the balance sale consideration of Rs.5,00,000/-. Since the defendants did not comply with the judgment and decree, respondent Nos.4 and 5–Decree Holders initiated execution proceedings in Ex.No.51/2023. The petitioner appeared before the Executing Court and filed I.A.No.VI under Order XXI Rule 29 of CPC seeking stay of the execution proceedings on the ground that he has filed Misc.No.11/2023 under Order IX Rule 13 of CPC for setting aside the ex parte judgment and decree in O.S.No.120/2021. On the other hand, respondent No.4– Decree Holder No.1 filed I.A.No.VIII under Order XXI Rule 35 of CPC seeking issuance of delivery warrant for vacant possession of the schedule property. The Executing Court, by the impugned orders, dismissed the application filed by the Judgment Debtor and allowed the application filed by - 7 - HC-KAR NC: 2026:KHC:23079 WP No. 33242 of 2024 C/W WP No. 32966 of 2024 the Decree Holder. Being aggrieved, the present writ petitions have been filed. 5. It is not in dispute that the petitioner has filed Misc.No.11/2023 under Order IX Rule 13 of CPC, which is pending consideration. In view of the pendency of the said miscellaneous petition, continuation of execution proceedings may result in prejudice to the petitioner, as his application for setting aside the decree is yet to be decided. Therefore, in the interest of justice, it is necessary to stay the execution proceedings till the disposal of the said miscellaneous petition. 6. In view of the above, following order is passed: ORDER a) The writ petitions are disposed of. b) Further proceedings in Ex.No.51/2023 pending before the Executing Court are stayed till the disposal of the Misc.No.11/2023 pending before the Additional Senior Civil Judge and JMFC, Channarayapatna. - 8 - HC-KAR NC: 2026:KHC:23079 WP No. 33242 of 2024 C/W WP No. 32966 of 2024 c) The Trial Court is directed to dispose of Misc.No.11/2023 as expeditiously as possible, and in any event, within three months from the date of receipt of a certified copy of this order. d) The parties are directed to cooperate for early disposal of the miscellaneous petition. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 65