- 1 - HC-KAR NC: 2026:KHC:30444 WP No. 16461 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16461 OF 2026 (GM-CPC) BETWEEN: 1. M/S JNANESH INSTITUTE OF NURSING M/S. JNANESH INSTITUTE OF NURSING, NO.3, SY.NO.29/1, SONNENAHALLI, KENGERI HOBLI BENGALURU SOUTH TALUK, BENGALURU-560 060. REPRESENTED BY HIS SECRETARY, SRI. KEMPARAJU C. S/O. LATE CHIKKAIAH, AGED ABOUT 55 YEARS …PETITIONER (BY SRI. SOMASHEKHARAIAH.R.P.,ADVOCATE) AND: 1. M/S BAPUJI CO OPERATIVE SOCIETY LTD M/S. BAPUJI CO-OPERATIVE SOCIETY LTD., NO.9/1, M.M ROAD, BYTARAYANAPURA, MYSORE ROAD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN 560 092 …RESPONDENT (BY SRI. K.M. PRAKASH.,ADVOCATE) THIS WP IS FILED PRAYING TO-QUASH THE ORDER DATED 27.04.2026 MADE IN COMMERCIAL EXECUTION NO. 16/2026, ON THE FILE OF THE XI ADDL. DISTRICT AND SESSION JUDGE, (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU UNDER ANNEXURE-A.GRANT AN INTERIM ORDER TO PENDING DISPOSAL OF THE ABOVE WRIT PETITION TO STAY THE OPERATION AND FURTHER RESPECTFULLY PRAYED PROCEEDINGS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30444 WP No. 16461 of 2026 PURSUANT TO THE ORDER DATED 27.04.2026 MADE IN COMMERCIAL EXECUTION NO. 16/2026, ON THE FILE OF THE XI ADDL. DISTRICT AND SESSION JUDGE, (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU UNDER ANNEXURE-A.R- 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 dated 27.04.2026 passed in Commercial Execution No.16/2026 by XI Addl. District and Sessions Judge, Bengaluru Rural District, whereby the delivery warrant was issued directing the JDR to hand over possession of the petitioner schedule property, the JDR is before this Court. 2. Learned counsel appearing for the petitioner submits that the petitioner is running a Nursing College and even to shift the premises, the petitioner has to go through several formalities, and hence a reasonable time may be granted. It is submitted that the petitioner is ready to pay the enhanced rent and there is no basis for the respondent seeking eviction. - 3 - HC-KAR NC: 2026:KHC:30444 WP No. 16461 of 2026 3. Learned counsel appearing for the respondent submits that all the proceedings have attained finality and way back in the year 2023 when the commercial appeal was filed by petitioner, the same came to be dismissed by a division Bench of this Court. It is submitted that they want to put the property to auction and as the petitioner is in occupation of the property they are not in a position to put the property to auction and enjoy the fruits of the decree. The order impugned does not require any interference at the hands of this Court and as the Court has passed the order pursuant to the judgment and decree, which has attained finality and there is no illegality with the order. 4. Having heard the learned counsels on either side, perused the material on record. The judgment and decree has attained finality. Earlier the petitioner has come up before this Court in the year 2023, and from 2023 till 2026, the petitioner is continuing in possession. In those circumstances this Court cannot consider the request of the petitioner and this Court cannot interfere with the order impugned as there is no illegality with the said order and even after the judgment and - 4 - HC-KAR NC: 2026:KHC:30444 WP No. 16461 of 2026 decree, petitioner had breathing time and has continued in the said property from the last several years. In those circumstances, this Court do not find any reasons to interfere. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 2 Sl No.: 6