- 1 - HC-KAR NC: 2026:KHC:29396 WP No. 25265 of 2024 C/W WP No. 25264 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25265 OF 2024 (GM-RES) C/W WRIT PETITION NO. 25264 OF 2024 (GM-RES) IN WP No. 25265/2024 BETWEEN: TIERRA FARM ASSETS COMPANY PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT, 325/1, RMV EXTENSION, 5TH CROSS, 14TH MAIN, SADASHIVNAGAR, BANGALORE - 560 080. THROUGH ITS RESOLUTION PROFESSIONAL MR. JUGRAJ SINGH BEDI, REG NO. IBBI/IPA-01/IP-P00731/2017-18/11208 APPOINTED VIDE ORDER DATED 07.04.2022 BY THE HON'BLE NATIONAL COMPANY, LAW TRIBUNAL, BENGALURU. …PETITIONER (BY SRI. SRINANDAN K., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29396 WP No. 25265 of 2024 C/W WP No. 25264 of 2024 AND: DR. KANKERE THIMMAPPA GOWDA MAHESH, SON OF LATE K.A.THIMMAPPA GOWDA, AGED ABOUT 64 YEARS, RESIDING AT SHOBHA OPAL APARTMENT, A2-104, 39TH CROSS, 4TH T BLOCK, JAYANAGAR, BANGALORE - 560 041. …RESPONDENT (BY SRI. KIRAN B.S., ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) SETTING ASIDE ALL ORDERS PASSED BY THE LEARNED VI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-11), IN OS NO. 2342/2020 AS BEING BARRED BY LAW AFTER THE IMPOSITION OF MORATORIUM ON 07/04/2022, INCLUDING THE FINAL ORDER DATED 05/09/2023 (ANN-A) AND ETC., IN WP NO. 25264/2024 BETWEEN: 1. GREEN FARM TECH PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. HAVING REGISTERED OFFICE AT 325/1, RMV, EXTENSION, 5TH CROSS, 14TH MAIN, SADASHIVNAGAR, BANGALORE - 560 080, THOROUGH ITS RESOLUTION PROFESSIONAL MR. JUGRAJ SINGH BEDI, REG. NO. IBBI/IPA-01/IP-P00731/2017-18/11208 - 3 - HC-KAR NC: 2026:KHC:29396 WP No. 25265 of 2024 C/W WP No. 25264 of 2024 APPOINTED VIDE ORDER DATED 20.02.2020 BY THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU. ...PETITIONER (BY SRI. SRINANDAN K., ADVOCATE) AND: DR. KANKERE THIMMAPPA GOWDA MAHESH, SON OF LATE K.A THIMMAPPA GOWDA, AGED ABOUT 64 YEARS, RESIDING AT SHOBHA, OPAL APARTMENT, A2-104, 39TH CROSS, 4TH 'T', BLOCK, JAYANAGAR, BANGALORE - 560 041. ...RESPONDENT (BY SRI. KIRAN B S., ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) SETTING ASIDE THE ENTIRE PROCEEDINGS IN OS NO.2347/2020 ALONG WITH THE FINAL ORDER DATED 05/09/2023 PASSED BY LEARNED VI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH- 11), AS BEING BARRED BY LAW (ANNX-A) AND ETC., - 4 - HC-KAR NC: 2026:KHC:29396 WP No. 25265 of 2024 C/W WP No. 25264 of 2024 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL COMMON ORDER 1. Petitioner in W.P.No.25265/2024 is before this Court seeking for the following reliefs: "i) Issue a writ of Certiorari or any other appropriate writ, setting aside all orders passed by the learned VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11), in O.S.No.2342/2020 as being barred by law after the imposition of moratorium on 07.04.2022, including the final order dated 05.09.2023 (Annexure-A); ii) Issue a writ of Certiorari or any other appropriate writ, setting aside the Execution Petition and all orders passed in Ex.P.No.121/2024 including the order dated 27.07.2024 passed by the learned VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11) (Annexure-B); and iii) Grant such other relief/s as this Hon'ble Court may deem fit, in the facts and circumstances of the case." 2. Petitioner in W.P.No.25264/2024 is before this Court seeking for the following reliefs: - 5 - HC-KAR NC: 2026:KHC:29396 WP No. 25265 of 2024 C/W WP No. 25264 of 2024 "i) Issue a writ of Certiorari or any other appropriate writ, setting aside the entire proceedings in O.S.No.2347/2020 along with the final order dated 05.09.2023 passed by learned VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11), as being barred by law (Annexure-A); ii) Issue a writ of Certiorari or any other appropriate writ, setting aside the Execution Petition and all orders passed in Ex.P.No.122/2024 including the order dated 27.07.2024 passed by the learned VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11) (Annexure-B); and iii) Grant such other relief/s as this Hon'ble Court may deem fit, in the facts and circumstances of the case." 3. What is essentially challenged in both these petitions are the orders dated 07.04.2022 and 05.09.2023 passed in OS No.2342/2020 and O.S.No.2347/2020 by the VI Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as 'Trial Court'), on an application filed under Order XII Rule 6 of the Code of Civil Procedure, 1908 ('CPC', for short). 4. Writ petitions challenging the orders passed by the Trial Court and seeking for quashing of the same by issuance of a writ of certiorari are not maintainable. The petitioner could well avail of the remedies - 6 - HC-KAR NC: 2026:KHC:29396 WP No. 25265 of 2024 C/W WP No. 25264 of 2024 available under the Civil Procedure Code in respect of the order if at all aggrieved by the same. 5. Reserving liberty to the petitioner to do so, the petitions stand disposed of. 6. Before parting with the above matters, there is one other incidental issue which is arising, which is of considerable importance. The respondent has made certain allegations in the statement of objections against the counsel who appears for the petitioner. The counsel for respondent now withdraws all the personal allegations which have been made against the counsel for the petitioner. 7. Hence, placing the said submission on record, the allegations made against the counsel for the petitioner stands withdrawn. 8. Benefit of Section 14 of Limitation Act is provided to the petitioner. - 7 - HC-KAR NC: 2026:KHC:29396 WP No. 25265 of 2024 C/W WP No. 25264 of 2024 9. In view of disposal of main petitions, pending Interlocutory Applications stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE MKM List No.: 1 Sl No.: 36