- 1 - HC-KAR NC: 2026:KHC:34038 W.P. No.23516/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.23516/2022 (GM-CPC) BETWEEN: 1. MR. M.B. BASAVARAJ S/O BASAVAN GOWDA AGED ABOUT 56 YEARS MANAGING DIRECTOR NANDI BUILDERS INDIA PRIVATE LIMITED NO.12, 308, 3RD FLOOR RAHEJA CHAMBERS, MUSEUM ROAD BANGALORE - 560001 R/AT NO.418, 2ND FLOOR 12TH MAIN ROAD SADASHIVANAGAR BANGALORE – 560080. 2. M/S NANDI BUILDERS INDIA PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT 1956 NO.12M 308, 3RD FLOOR RAHEJA CHAMBERS MUSEUM ROAD, BANGALORE - 560001 REP. BY ITS MANAGING DIRECTOR MR. M. BASAVARAJ. …PETITIONERS (BY SRI. B. SIDDESWARA, ADV.,) AND: 1. M/S BHANDARI BUILDERS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT 1956 Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34038 W.P. No.23516/2022 HAVING REGISTERED OFFICE AT NO.91 NEHRU PLACE, BHANDARI HOUSE NEW DELHI - 110 019 HAVING ADMINISTRATIVE OFFICE AT 1-01, DIAMOND DISTRICT KODIHALLI, AIRPORT ROAD BANGALORE – 560008 REP. BY ITS AUTHORIZED SIGNATORY MR. ATISH KUMAR OJHA. …RESPONDENT (BY SRI. VIVEKANANDA S, ADV.,) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM TRIAL COURT AND QUASH THE IMPUGNED ORDER DATED 02.11.2022 PASSED IN EX.P.NO.1569/2019 PASSED ON I.A. UNDER ORDER 21 RULE 43 R/W SECTION 151 OF CPC ON THE FILE OF THE LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-85) VIDE ANNEXURE-A TO THE WRIT PETITION & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:34038 W.P. No.23516/2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 02.11.2022 passed on an application filed under Order XXI Rule 43 read with Section 151 of CPC in Ex.P.No.1569/2019 by the LXXXIV Additional City Civil and Sessions Judge, Bengaluru. 2. This Court, heard the learned counsel for the petitioners and respondent, on the previous date of hearing it was submitted that there is an element of settlement, hence, the matter is adjourned to today. 3. Learned counsel for the petitioners-judgment debtors, based on the concession given by the respondent-decree holder with regard to the interest, submits that the petitioners would pay balance of ₹27,28,177/- in installments and to that effect he had filed an affidavit dated 07.07.2026. - 4 - HC-KAR NC: 2026:KHC:34038 W.P. No.23516/2022 4. I have perused the affidavit filed by the petitioner No.1. The affidavit of petitioner No.1 is placed on record and the affidavit shall be read as part and parcel of this order. 5. Learned counsel for the petitioner submits that in view of the concession shown by the other side, the petitioners would make the payment as agreed in the affidavit dated 07.07.2026, in installments. 6. His statement is placed on record. 7. At this stage, it is submitted that the amount of ₹5,00,000/- deposited by the petitioners in the Executing Court is also towards the settlement of the claim. Hence, the respondent is permitted to withdraw the said amount and the Executing Court shall release the said amount along with the interest, if any, digitally by following proper procedure. - 5 - HC-KAR NC: 2026:KHC:34038 W.P. No.23516/2022 8. In view of the aforesaid affidavit, this petition is disposed of. 9. It is needless to observe that if the petitioners failed to adhere to the affidavit undertaking given before this Court, it is open for the respondent-decree holder to proceed against the petitioners-judgment debtors in accordance with law including recovery of amount in execution as per the original decree. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 2