- 1 - HC-KAR NC: 2026:KHC:27682 WP No. 17116 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17116 OF 2026 (GM-CPC) BETWEEN: SMT SHYLAJA W/O S.A.RAMESH BABU, AGED ABOUT 59 YEARS, RESIDING AT NO. 14960/2 N.S.ROAD, DEVARAJA MOHALLA SHIVARAMPET, MYSURU -570 001 …PETITIONER (BY SRI.PRINCE ISAC, ADVOCATE FOR SMT.KAVYASHREE G.S., ADVOCATE) AND: SRI R.RAMESH BABU S/O D RAMESH, AGED ABOUT 55 YEARS, R/AT NO. 93, DEVASANDRA MAIN ROAD, (NEAR VENUGOPALA SWAMY TEMPLE) K.R.PURAM, BENGALURU -560 036 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 29/04/2026 ON IA NO. III IN EX. P NO. 20/2025 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT HD KOTE, A COPY OF WHICH IS PRODUCED AT ANNEXURE-G AND ALLOW IA NO. III THEREIN AS PRAYED FOR TO MEET THE ENDS OF JUSTICE. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27682 WP No. 17116 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.III in Ex.20/2025 dated 29.04.2026 by the Senior Civil Judge and JMFC, H.D.Kote, the petitioner/Judgment Debtor is before this Court. By order impugned, the trial Court had refused to stay the execution proceedings till RFA.No.2353/2023 filed by the Judgment Debtor before the High Court is decided. 2. Learned counsel appearing for the petitioner submits that the petitioner had filed RFA and the trial Court had observed that the appeal requires consideration and the Court also observed that the execution of the Sale Deed either by the appellant or by the process of the Court in favour of the respondent would be subject to the outcome of the appeal. It is submitted that if the Sale Deed is executed, it would cause lot of hardship to the petitioner and virtually, the RFA that is filed will become infructuous. It is submitted that till the RFA - 3 - HC-KAR NC: 2026:KHC:27682 WP No. 17116 of 2026 proceedings are concluded, there may be a direction to the executing Court not to proceed further. 3. Having heard the learned counsel for the petitioner, perused the entire material on record. When a Judgment and Decree is passed, the petitioner has preferred an RFA before this Court. In the said RFA, there is no stay of execution and except observing that any of the proceedings that take place are subject to the result of the appeal, no other order is granted. Then the petitioner has approached the trial Court by filing the instant application. That came to be dismissed by the trial Court observing that no stay is granted by the High Court and the Court do not find any reasons to stay the execution proceedings. 4. In the considered opinion of this Court, the trial Court had rightly considered the fact that stay orders are not granted in RFA.No.2353/2023 by the High Court and as such, rightly dismissed I.A.No.III filed by the petitioner. Hence, this Court finds no reasons to interfere. In that view of the matter, this Court is passing the following order: - 4 - HC-KAR NC: 2026:KHC:27682 WP No. 17116 of 2026 ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 24