- 1 - HC-KAR NC: 2026:KHC:9983 WP No. 3 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. 3 OF 2026 (GM-CPC) BETWEEN: RADHAKRISHNA S/O R T RAMAIAH, AGED ABOUT 37 YEARS, R/AT NO. 1-192-1, 1ST BLOCK, SULYAKODI MANE COMPOUND KUSHALANAGARA TALUK, KODAGU-01 …PETITIONER (BY SRI. PRATHEEP.K.C., ADVOCATE) AND: MADHUSUDHAN S/O V V NAGENDRA SHETTY AGED ABOUT 38 YEARS, RATHA BEEDHI, KUSHALANAGARA TOWN AND TALUK, KODAGU DISTRICT- 01 …RESPONDENT (BY SRI. RAJATH., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER ON IA NO. V FILED U/S 151 OF CPC DATED 17.12.2025 IN EX. NO. 22/2024 PASED BY THE CIVIL JUDGE AND JMFC AT KUSHALNAGAR (ANNEXURE-D). 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:9983 WP No. 3 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “A. Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned order on I.A.No.V filed U/S 151 of CPC dated 17.12.2025 in Ex.No.22/2024 passed by the Civil Judge and JMFC at Kushalanagar (Annexure-D) in the interest of justice and equity. B. To pass any such order as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice and equity.” 2. Learned counsel for the petitioner – judgment debtor and respondent-decree holder have settled their dispute in Lok- Adalath and the learned counsel for the petitioner has filed a Joint Memo dated 16.02.2026, duly signed by the petitioner and respondent and their respective counsel and the same are taken on record. 3. Petitioner and respondent are physically present before the Court along with their respective counsel and they admit the contents of the Joint Memo dated 16.02.2026, which reads as under:- - 3 - HC-KAR NC: 2026:KHC:9983 WP No. 3 of 2026 “JOINT MEMO 1. It is submitted that, the respondent initiated proceedings U/s 138 of NI act, the said case came to be compromised in lok-adalath for an amount of Rs. 54,00,000/-. Since the petitioner has not honored the lok-adalath award the respondent filed an execution petition in execution petition No. 22/2024. 2. It is submitted that, during the pendency of proceedings the parties have come to an amicable settlement, in terms of the settlement, petitioner shall pay balance amount of Rs. 30,00,000/- within 6 months from today. The mode of payment is in following manner. Sl.No Amount Period of Time 1. Rs. 10,00,000 On or before 16.04.2026 2. Rs. 10,00,000 On or before 16.06.2026 3. Rs. 10,00,000 On or before 16.08.2026 3. It is submitted that, in terms of the above compromise the present petition may be allowed and proceedings before the executing court be kept in abeyance for a period of six months, the same may be taken on record in the interest of justice. - 4 - HC-KAR NC: 2026:KHC:9983 WP No. 3 of 2026 4. In view of the aforesaid settlement entered into between the petitioner and respondent, I pass the following: ORDER (i) The petition is disposed of in terms of the joint memo dated 16.02.2026. (ii) The Executing Court is directed to keep the proceedings in abeyance till compliance of the terms and conditions of the Joint Memo dated 16.02.2026 filed by the petitioner-judgment debtor. (iii) The Executing Court, before whom the petitioner had deposited Rs.10 Lakhs pursuant to the order dated 05.01.2026 passed by this Court, is hereby directed to disburse/release the said amount in favour of the respondent-decree holder, immediately, without any delay. (iv) The impugned order dated 17.12.2025 passed on I.A.No.V in Ex.No.22/2024 by the Executing Court is hereby set aside. - 5 - HC-KAR NC: 2026:KHC:9983 WP No. 3 of 2026 (v) The order dated 07.03.2025 directing the attachment of immovable property of the petitioner and the impugned order dated 17.12.2025 directing issuance of arrest warrant against the petitioner is hereby set aside. (vi) It is made clear that in the event the petitioner- judgment debtor does not comply with the terms and conditions of Joint Memo supra, the Executing Court is at liberty to proceed further in the matter, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 37