- 1 - HC-KAR CNR: KAHC010373772022 NC: 2026:KHC:38147 W.P. No.16360/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.16360/2022 (GM-CPC) BETWEEN: MR. ABBUBAKAR AGED ABOUT 53 YEARS S/O UMARABBA P.D.O. GURUPURA GRAMA PANCHAYATH, MANGALORE. …PETITIONER (BY SMT. N. VANDANA, ADV., FOR DR. S. ARUMUGHAM, ADV.,) AND: 1. M/S. SINCHANA CHITS PVT LTD, NO.4-195-14, 1ST FLOOR PRESTIGE TOWERS NEAR BUS STAND MOODBIDRI-574227 BRANCH AT NO.5/6K 2ND FLOOR, VIVA COMPLEX MAIN ROAD, BELTHANGADI-574214 REP. BY ITS MANAGING DIRECTOR. 2. MR. NARAYANA POOJARY AGED ABOUT 46 YEARS S/O PADMAPPA POOJARY R/O DAASAKODI HOUSE AMTOOR VILLAGE KARINAGAR POST BANTWALA, D K-574211. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010373772022 NC: 2026:KHC:38147 W.P. No.16360/2022 3. MRS. HARINAKSHI AGED ABOUT 41 YEARS W/O NARAYANA POOJARI R/AT DAASAKODI HOUSE AMTOOR VILLAGE KARINAGAR POST BANTWALA, D K-574211. …RESPONDENTS (BY SMT. RAJA RAJESHWARI N, ADV., FOR R1 V/O/DTD:07.09.2022, NOTICE TO R2 & R3 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE EXECUTION PETITION FILED BY THE R-1 IN EXECUTION CASE NO.234/2019, ORDER DTD 30.08.2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MANGALORE VIDE ANNX-C AND E IN THE INTEREST OF JUSTICE AND EQUITY & ETC. 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 for the following reliefs: “(a). Writ of certiorari or any other writ or direction or order to quash the execution petition filed by the first respondent in Execution Case No.234/2019, order dtd:30.08.2021, on the file of the Principal Senior Civil Judge, Mangalore, at - 3 - HC-KAR CNR: KAHC010373772022 NC: 2026:KHC:38147 W.P. No.16360/2022 Annexure-C and Annexure-E in the interest of justice and equity. b. Declare the Recovery Certificate issued by the Deputy Registrar of Co-operative Societies and Chits, Mangalore, dtd:24.09.2019 vide Annexure-B does not amount to a decree and is null and void, in the interest of justice and in Dispute No.DRP/CFS/111/2017-18.” 2. Heard Smt.N.Vandana, learned counsel for Dr.S.Arumugham, learned counsel for the petitioner and Smt.Raja Rajeshwari N., learned counsel for the respondent No.1. 3. Learned counsel for the respondent No.1, at the outset, has placed the order dated 14.07.2022 passed in W.P.No.20590/2021 by the learned Single Judge. It is noticed that the very same petitioner has filed the aforesaid writ petition challenging the order dated 30.08.2021 in Ex.Case No.234/2019 and in the instant petition also, the very same order is challenged with an additional prayer. On a perusal of the writ petition, it does - 4 - HC-KAR CNR: KAHC010373772022 NC: 2026:KHC:38147 W.P. No.16360/2022 not disclose the filing of the earlier writ petition by the very petitioner and suppressing the said fact, the present writ petition is filed. 4. Today, the learned counsel for the petitioner has filed a memo which reads as under: “The counsel for the petitioner files the undertaking of the petitioner to pay the balance amount to the respondent in three months. That this Honourable Court may be please to consider it in the interest of justice and equity.” 5. It is contended in the aforesaid memo that the petitioner undertakes to pay the balance amount to the respondent No.1 in three months. 6. Be that as it may, the filing of this writ petition without disclosing the filing of the earlier writ petition and the order of this Court, amounts to an abuse of process of law by suppression of the material facts. On this sole ground, the present writ petition is required to be dismissed with costs. - 5 - HC-KAR CNR: KAHC010373772022 NC: 2026:KHC:38147 W.P. No.16360/2022 7. Accordingly, I proceed to pass the following: ORDER (i) The writ petition is dismissed with a cost of Rs.25,000/- payable by the petitioner to the respondent No.1. (ii) The respondent No.1 is permitted to recover the said amount in the execution proceedings. (iii) If any amount is deposited by the petitioner either before this Court or before the Executing Court, the same is permitted to be withdrawn by the respondent No.1. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 35