- 1 - HC-KAR NC: 2026:KHC:33490 WP No. 20006 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20006 OF 2026 (GM-CPC) BETWEEN: 1. SRI. TILAK SHIVKUMAR, S/O SHIVKUMAR, AGED ABOUT 37 YEARS, R/AT NO. AT NO. 3, NISARGA, 5TH CROSS, BASAVESHWARA LAYOUT, NAGASHETTY HALLI, RMV EXTENSION II STAGE, BENGALURU - 560 094. PRESENTLY RESIDING AT NO. 4925, MARCUS AVENUE APT - 3130, ADDISON, DALAS, TEXAS - 75001. REPRESENTED BY HIS SPA HOLDER/HIS FATHER SRI. SHIVKUMAR, S/O LATE. MUNIHANUMAIAH, AGED ABOUT 66 YEARS, R/AT NO. AT NO. 36, NISARGA, 5TH CROSS, BASAVESHWARA LAYOUT, NAGASHETTY HALLI, RMV EXTENSION II STAGE, BENGALURU - 560 094, …PETITIONER (BY SRI. BALARAJ V.R., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33490 WP No. 20006 of 2026 AND: 1. SRI. VEERAKUMAR, S/O LATE PCH. SATHYANARAYANA, AGED ABOUT 68 YEARS, RESIDING AT NO. 410, 5TH CROSS, HRBR LAYOUT, 2ND BLOCK, KALYAN NAGAR, BENGALURU - 560 043 2. M/S. AARYAN ESTATES, REPRESENTED BY ITS MANAGING DIRECTOR, SMT. AAYASHA AMMAN, AGED ABOUT 44 YEARS, RESIDING AT NO. 615, 2ND FLOOR, 14TH CROSS, 1ST PHASE, J.P NAGAR, BENGALURU - 560 078. …RESPONDENTS (BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE FOR SRI. BHARADWAJ K.R., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 12.06.2026 PASSED ON APPLICATION UNDER SECTION 151 OF CPC BY THE LEARNED IV ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT BENGALURU IN EX. NO. 64/2022 PRODUCED AT ANNX-A CONSEQUENTLY FURTHER BE PLEASED TO ALLOW THE APPLICATION DATED 09.01.2026 PRODUCED AT ANNX-H. - 3 - HC-KAR NC: 2026:KHC:33490 WP No. 20006 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 12.06.2026 passed in Ex.No.64/2022 on the application filed under Section 151 of CPC dated 09.01.2026 by the learned IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, the petitioner /obstructer is before this Court. 2. In the execution petition, the petitioner herein filed an application under Order 21 Rules 97, 99 to 101 of the CPC, which was dismissed for non-prosecution on 09.01.2026. Immediately thereafter, the petitioner filed an application under Section 151 CPC to recall the order dated 09.01.2026, which was dismissed by the impugned order dated 12.06.2026. In that order, the trial Court observed that the decree holder's counsel submitted that the application ought to have been filed under Order IX Rule 9 CPC, since the applicant sought to recall the order dismissing the application for non-prosecution. The trial Court further observed that, in this regard, the obstructer's - 4 - HC-KAR NC: 2026:KHC:33490 WP No. 20006 of 2026 counsel had not submitted anything. However, it is to be noted that the obstructer petition in the present case was filed by the obstructer under Order XXI Rules 97, 99 to 101 CPC, seeking to declare the applicant as the absolute owner of the suit schedule property and to declare that the decree in OS.No.1761/2016 was obtained by fraud. Since the said obstruction/petition was dismissed for non-prosecution, the obstructer has to file a miscellaneous petition under Order IX Rule 9 CPC seeking to set aside the order, and accordingly prays to dismiss the petition. 3. Learned counsel appearing for the respondents submits that the execution has been pending since 2022. IA No. 4, filed under Order XXI Rules 97, 99 to 101, R/w Section 151 of the CPC, was filed in 2023, but it was not considered because the petitioner repeatedly delayed proceedings. As such, the trial Court dismissed it for non-prosecution. 4. It is submitted that the respondent is interested in the disposal of the matter, and the application may be allowed on costs, with a direction to the Trial Court to dispose of the application in an expeditious manner. - 5 - HC-KAR NC: 2026:KHC:33490 WP No. 20006 of 2026 5. Having heard the learned counsels on either side, perused the material on record. An application under Order XXI Rule 97 and Rules 99 to 101, R/w Section 151 CPC was filed in the year 2023, and the execution is of the year 2022, and the same is pending consideration before the trial Court. In those circumstances, looking at the technicalities and on filing of a miscellaneous petition on those grounds, this Court is not inclined to dismiss the petition. 6. Considering that the petitioner has been taking time since 2023, this Court deems it appropriate to allow this application on costs. Accordingly, this Court is passing the following order. ORDER (i) The order dated 12.06.2026 passed in Ex.No.64/2022 on the application filed under Section 151 of CPC by the learned IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, is set aside. (ii) Consequently, the application filed by the petitioner to set aside the order dated - 6 - HC-KAR NC: 2026:KHC:33490 WP No. 20006 of 2026 09.01.2026 is allowed on the condition that he shall pay a cost of Rs.5,000/-. (iii) The application filed under Order XXI Rule 97, 99 to 101 R/w Section 151 of CPC by the petitioner shall be considered within a period of 3 months from next hearing date i.e., three months from 18.07.2023. (iv) The petitioner shall not seek unnecessary adjournment. In the event that the petitioner fails to cooperate, the Court shall nevertheless proceed to decide the application on its merits, in accordance with the law. (v) Accordingly, the writ petition is allowed. (vi) Pending I.As if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BH List No.: 1 Sl No.: 34