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2026 DAILYLAW 25750 (KAR)

INDIAN OIL CORPORATION LIMITED v. DR C PARVATHI

WP/27567/2025 · 2026-06-19

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30454 WP No. 27567 of 2025 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. 27567 OF 2025 (GM-CPC) BETWEEN: INDIAN OIL CORPORATION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING SERVICE STATION AT PROPERTY BEARING SY NO.43/1, KHATA NO.40, BYRASANDRA, UTTARAHALLI HOBLI, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560 029 REPRESENTED BY DIVISIONAL RETAIL HEAD MR. MAHESH S ALSO HAVING OFFICE AT DIVISIONAL OFFICE NO. 29, INDIAN OIL BHAVAN, MISSON ROAD, BENGALURU - 560 027 …PETITIONER (BY SRI. VACHAN H.U., ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. DR C PARVATHI D/O. LATE M CHINNAIAH, AGED ABOUT 84 YEARS, RESIDING AT NO.9/1, 2ND CROSS, KARAGAPPA GARDEN, MISSION ROAD, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30454 WP No. 27567 of 2025 SUBBIAH CIRCLE, BENGALURU - 560 027 2. SMT. M MANJULA, DEALER OF IOC, AGED ABOUT 60 YEARS, WIFE LATE MOHAN KUMAR, PROPERTY BEARING SY NO.43/1, KHATA NO.40, BYRASANDRA, UTTARAHALLI HOBLI, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560 029 ALSO RESIDING AT - NO.605/8, RAJAJINAGAR, 3RD BLOCK, BANGALORE - 560 010 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DATED 05.08. 2025 PASSED BY THE HONBLE XXV ADDL. CITY CIVIL AND SESSION JUDGE, BANGALORE (CCH-23) IN EXECUTION PETITION NO 1669 OF 2025, ALLOWING THE APPLICATION FILED BY THE RESPONDENT UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 (IA NO. III) AND DISMISSING THE APPLICATION FILED BY THE PETITIONER UNDER ORDER XXI RULE 26 OF CODE OF CIVIL PROCEDURE, 1908 FILED BY THE PETITIONER TO STAY THE EXECUTION PROCEEDINGS TILL THE DISPOSAL OF THE REGULAR FIRST APPEAL BEARING NO. 1402 OF 2025 (IA NO. IV) (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:30454 WP No. 27567 of 2025 ORAL ORDER The present writ petition is filed challenging the order dated 05.08.2025 passed on I.A. No.IV in Ex. No.1169/2025 by the XXV Additional City Civil and Sessions Judge, Bangalore. 2. The petitioner herein, who is Judgment Debtor No.2, had filed I.A.No.IV under Order XXI Rule 26 of the CPC seeking stay of further proceedings in the execution petition till the disposal of RFA No.1402/2025. The said application was dismissed by order dated 09.06.2026. Aggrieved by the said order, the present writ petition is filed. 3. Learned counsel for the petitioner submits that RFA No.1402/2025 itself has been dismissed by the judgment and decree dated 09.06.2026. Therefore, the relief sought in I.A. No.IV no longer survives and consequently, the present writ petition has become infructuous. 4. Considering the fact that I.A.No.IV was filed seeking stay of the execution proceedings pending disposal of RFA No.1402/2025 and that the said appeal has already been dismissed, the present writ petition has become infructuous. - 4 - HC-KAR NC: 2026:KHC:30454 WP No. 27567 of 2025 5. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed as infructuous. ii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 34