- 1 - HC-KAR NC: 2026:KHC:13803 WP No. 7406 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7406 OF 2025 (GM-CPC) BETWEEN: SRI R VISHNU AGED ABOUT 56 YEARS S/O LATE RAMAIAH R/AT NO.262/A, I MAIN ASHWATHNAGARA, K.E.B.LAYOUT BENGALURU-560-094 …PETITIONER (BY SRI PRABHUGOUDA B TUMBIGI .,ADVOCATE) AND: 1. M RAMANJANEYA @ RAMANJINI AGED ABOUT 60 YEARS S/O. M. MUNIANJANAPPA @ M. THAMMAIAHAPPA R/AT MARUTHI NILAYA GEDDALAHALLI, RMV II STAGE BENGALURU-560 094. 2. M.RAMAMURTHY AGED ABOUT 50 YEARS S/O. M. MUNIANJANAPPA @ M.THAMMAIAHAPPA R/AT NO.154/1, KEERTHANA KUTEERA GEDDALAHALLI, RMV II STAGE BENGALURU-560 094. 3. SMT.M.THAYAMMA AGED ABOUT 64 YEARS D/O. LATE MUNIANJANAPPA W/O. SRI.KADARAPPA R/AT NO.1762, HARISH NIVAS GEDDALAHALLI, RMV 2ND STAGE BENGALURU-560 094 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13803 WP No. 7406 of 2025 …RESPONDENTS (BY SRI. MUNIGANGAPPA M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE HON’BLE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CCH-44 TO TAKE UP THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 151 OF CPC & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Article 227 of the Constitution of India, seeking the following relief: “To issue a writ of mandamus directing the Hon’ble LXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-44) to take up the application filed by the petitioner under Section 151 of the Code of Civil Procedure, IA 1/2025 permitting the petitioner to execute the execution warrant against the respondent Nos. 1 and 2 with liberty to contest the claim of the objector/respondent No.3 in respect of her claimed portion in Ex.No.2298/2017, vide Annexure-D, in the interest of justice.” 2. The petitioner/decree holder has filed a suit in O.S.No.6377/2004 for declaration and consequential reliefs. The suit came to be decreed by judgment and - 3 - HC-KAR NC: 2026:KHC:13803 WP No. 7406 of 2025 decree dated 28.04.2017. The same was called in question before this Court in RFA No.1417/2017, which came to be dismissed. 3. Against the said order, Special Leave Petitions were filed before the Apex Court in SLP (C) Nos.012614– 012615/2025. By order dated 02.05.2025, the said SLPs were dismissed, thereby confirming the judgment and decree passed by the trial Court. 4. In the meantime, the petitioner/decree holder filed an execution petition in Ex. No.2298/2017. During the pendency of the execution petition, respondent No.3, who is an objector, filed an application. On the basis of the said application, the entire execution petition has been stayed. 5. The learned counsel appearing for the petitioner submits that the petitioner/decree holder has filed an application under Section 151 of the Code of Civil Procedure, seeking execution of the warrant against the judgment debtor only in respect of the property which is in - 4 - HC-KAR NC: 2026:KHC:13803 WP No. 7406 of 2025 the possession of the judgment debtor. Insofar as the property which is in the possession of the objector is concerned, the petitioner will not seek execution until the disposal of the application. However, no order has been passed on the said application. Therefore, the petitioner is before this Court. 6. In view of the above, without expressing any opinion on the merits of the case, the Executing Court is directed to consider the application filed by the petitioner under Section 151 of the CPC in accordance with law, after giving an opportunity of hearing to both the parties, within an outer limit of four weeks from the date of receipt of a copy of this order. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 45