- 1 - HC-KAR NC: 2026:KHC:26603 WP No. 16021 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16021 OF 2026 (GM-CPC) BETWEEN: SHRI. KOMALESH A N S/O NIRVANE GOWDA, AGED ABOUT 43 YEARS, RESIDING AT NO. 127/28, 32 CROSS, 16TH MAIN ROAD, JAYA NAGAR 4TH BLOCK, BENGALURU – 560 098 …PETITIONER (BY SRI. G BALAJI NAIDU, ADVOCATE) AND: SHRI. R SRINIVASA S/O LATE S.T.RANGAPPA, AGED ABOUT 66 YEARS, RESIDING AT 191/1, BEML EMPLOYEES HBC SOCIETY, BEML 3RD STAGE, RAJARAJSHWARI NAGAR BENGALURU – 560 098 …RESPONDENT (BY SRI.S.RAJASJEKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING ORDER DATED 22/04/2026 PASSED ON IA NO. II IN COM. EX NO. 1328/2025 BY LEARNED LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26603 WP No. 16021 of 2026 BENGALURU (CCH 84) PRODUCED AT ANNEXURE-A BY ALLOWING THE WP. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed on I.A.No.II in Com.Ex.No.1328/2025 passed by LXXXIII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru, the Judgment Debtor is before this Court, whereby the Executing Court has issued delivery warrant in respect of the schedule premises. 2. Learned counsel appearing for the petitioner submits that petitioner is running a P.G and in fact, he has preferred Commercial Appeal which is pending consideration. In the meantime, if they are evicted, it will cause lot of hardship to him and he is ready to comply with whatever conditions this Court imposes while granting the protection. 3. Learned counsel appearing for the respondent submits the commercial suit is decreed and against that, an - 3 - HC-KAR NC: 2026:KHC:26603 WP No. 16021 of 2026 appeal is filed before this Court and the same is pending consideration. If the petitioner is entitled for any relief, he can agitate the same in the pending appeal, but he cannot come up before this Court filing the present writ petition and the same is liable to be dismissed. 4. Having heard the learned counsels on either side, perused the material on record. A commercial suit is decreed. Against that the petitioner has already preferred an appeal. If the petitioner seeks the relief of stay of the execution proceedings, the remedy available to the petitioner is to move an appropriate application before the Division Bench. He cannot come before this Court questioning the order passed in the execution proceedings. This court is not inclined to entertain this writ petition. Accordingly, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedies available to him. - 4 - HC-KAR NC: 2026:KHC:26603 WP No. 16021 of 2026 ii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 2 Sl No.: 17