- 1 - HC-KAR NC: 2026:KHC:9453 WP No. 2258 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.2258 OF 2026 (GM-CPC) BETWEEN: MRS. SARALA SIVA REDDY W/O S.V.SIVA REDDY, AGED ABOUT 68 YEARS, NO.184,18TH MAIN, 4TH SECTOR, WARD NO.174, H.S.R. LAYOUT, BENGALURU- 560 102 …PETITIONER (BY SMT.DEEPIKA. N, FOR SRI. SRIDHARA N, ADVOCATES) AND: 1. SRI. GANGARAJU. H S/O HANUMANTHAPPA, AGED ABOUT 52 YEARS, NO.69, 3RD CROSS, BETHESDA SCHOOL ROAD, SHANTHI WILLA LAYOUT, KENGERI SATELLITE TOWN, BENGALURU - 560 060. 2. BELUA SUNDAR W/O LATE F.J.SUNDAR AGED ABOUT 55 YEARS 3. DANIEL JABAKARAN S S/O LATE F.J.SUNDAR MAJOR 4. ENOCH KIRUBHAKARAN S S/O LATE F.J.SUNDAR AGED ABOUT 38 YEARS RESPONDENT NOS.2 TO 4 ARE Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9453 WP No. 2258 of 2026 R/AT 19TH CROSS, 1ST MAIN ROAD, KENGERI SATELLITE TOWN, BENGALURU - 560 060. …RESPONDENTS (BY SRI. B.C.VENKATESH, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.01.2026 (ANNX-A) PASSED BY THE HONORABLE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-40) BENGALURU CITY ALLOWING THE IA NO. 2 FILED BY THE DECREE HOLDER IN THE EXECUTION PETITON NO. 470/2024 UNDER ORDER XXI RULE 34(6) READ WITH SECTION 151 OF CPC, 1908. 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 Notice to other respondents is dispensed with. This petition by the judgment debtor No.1 in Execution Petition No.470/2024 is directed against the impugned order dated 23.01.2026, whereby the application i.e., IA.No.2 filed by respondent No.1/decree holder to appoint a Court Commissioner to execute a sale deed in his favour was allowed by the trial Court. - 3 - HC-KAR NC: 2026:KHC:9453 WP No. 2258 of 2026 2. A perusal of the material on record including the impugned order would indicate that the Executing Court has allowed I.A.No.2 without providing sufficient and reasonable opportunity to the petitioner to have his say or hearing him and on this short ground alone, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Executing Court for re-consideration of I.A.No.2 afresh in accordance with law within a stipulated time frame. 3. Accordingly, I pass the following ORDER (i) The petition is allowed. (ii) The impugned order dated 23.01.2026 passed in Execution Petition No.470/2024 by XXXIX Addl. City Civil and Sessions Judge (CCH-40), Bengaluru City, is hereby set aside. - 4 - HC-KAR NC: 2026:KHC:9453 WP No. 2258 of 2026 (iii) The matter is remitted back to the Executing Court for re-consideration of I.A.No.2 filed in Execution Petition No.470/2024 afresh and in accordance with law. (iv) The Executing Court shall provide an opportunity to the petitioner to file objections to I.A.No.2 and dispose of the said application afresh within a period of one month from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE PB List No.: 2 Sl No.: 26