- 1 - HC-KAR NC: 2026:KHC:34040 W.P. No.23673/2021 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.23673/2021 (GM-CPC) BETWEEN: SRI. S.J. PAVAN KUMAR AGED 37 YEARS S/O SRI. S.M. JAYASHANAKAR R/AT. ROSELAND ESTATE VALNOR TAYAGATHUR VILLAGE SOMWARPETE TALUK KODAGU DISTRICT – 571234. …PETITIONER (BY SRI. PUNDIKAI ISHWARA BHAT, ADV.,) AND: SRI. GEORGE JULIAN RAJESH AGED MAJOR S/O JULIAN JAYKAR R/AT SRI RAMA ESTATE ,VALNOR TAYAGATHUR VILLAGE SOMWARPETE TALUK KODAGU DISTRICT – 571234. …RESPONDENT (RESPONDENT SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE SENIOR CIVIL JUDGE AT MADIKERI TO DISPOSE OF THE EXECUTION PETITION NO.52/2012 FORTHWITH & ETC. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34040 W.P. No.23673/2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking the following reliefs: “(a) Issue a Writ of Mandamus or any other appropriate writ or direction directing the Senior Civil Judge at Madikeri to dispose of the execution petition No.52/2012 forthwith, in the interest of justice and equity. (b) Grant such other and further relief deems fit to grant in the circumstances of the case, in the interest of justice and equity.” 2. The petitioner has filed Ex.C.No.52/2012 seeking to execute the judgment and decree passed in O.S.No.85/2004 by the Senior Civil Judge, Kodagu, Madikeri. This petition is filed seeking a direction to the Executing Court to dispose of the execution petition as early as possible. - 3 - HC-KAR NC: 2026:KHC:34040 W.P. No.23673/2021 3. Considering the nature of relief sought in the present petition and keeping in mind the decision of the Hon'ble Supreme Court in the case of Rahul S.Shah vs. Jinendra Kumar Gandhi and others1, wherein it has been held that the execution court must dispose of the execution proceedings within six (06) months from the date of filing, which may be extended only by recording reasons in writing for such delay. Hence, I am of the view that petition deserves to be allowed. Accordingly, the writ petition is allowed. The Executing Court is directed to consider and dispose of the Ex.C.No.52/2012 without delay, keeping in mind the law laid down by the Hon'ble Supreme Court referred supra. No orders as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 31 1 (2021) 6 SCC 418