- 1 - HC-KAR CNR: KAHC010487112026 NC: 2026:KHC:42439 WP No. 22463 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.22463 OF 2026 (GM-CPC) BETWEEN: 1. MR. DEGA DEVAKUMAR REDDY, S/O LATE DEGA RAMGOPAL REDDY, AGED ABOUT 65 YEARS, R/AT VILLA NO.33, COOK STREET, 10 DOWNING, WHITEFIELD, HOSAKOTE ROAD, KANNAMANGALA, BIDARANAHALLI HOBLI, BENGALURU - 560 067. …PETITIONER (BY SRI. PRABHULING K NAVADGI, SENIOR COUNSEL FOR SMT. ANJANA C H, ADVOCATE) AND: M/S PUSHPAM REALTY NO.191, 1ST CROSS, 1ST BLOCK, JAYANAGAR EAST, BYRASANDRA, BENGALURU, BY ITS MANAGING PARTNER, SMT. R. S. VEENA, W/O DR. N. MANJUNATH REDDY REGISTERED UNDER THE PARTNERSHIP ACT, 1932 …RESPONDENT (BY SRI. H.V.PRAVEEN GOWDA, ADVOCATE FOR C/R1) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010487112026 NC: 2026:KHC:42439 WP No. 22463 of 2026 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.04.2026 PASSED ON I.A.NO.7 IN EX.P.NO.1075/2020 VIDE ANNEXURE-A PENDING ON THE FILE OF III ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY(CCH-25) AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the order dated 30.04.2026, passed in I.A.No.7 in Ex.P.No.1075/2020, by the III Additional City Civil & Sessions Judge, Bangalore. 2. By the order impugned, the Executing Court allowed the application, recalled the earlier order dated 22.01.2026, and ordered to hold an inquiry as per the observation of this Court in W.P.No.20089/2024. 3. Learned Senior Counsel representing learned counsel for the petitioner submits that the Executing Court has to conduct the inquiry in accordance with the law laid down by - 3 - HC-KAR CNR: KAHC010487112026 NC: 2026:KHC:42439 WP No. 22463 of 2026 the Apex Court in the case of MMTC Limited Vs. Anglo American Metallurgical Coal Private Limited1. 4. Both learned Senior Counsel representing the petitioner and learned counsel appearing for the respondent have argued extensively on the merits of the matter. 5. Considering the fact that the Executing Court has ordered only an inquiry and looking at the facts and circumstances of the case, this Court is of the view that it is essential and passing the following: ORDER i. Accordingly, the writ petition is disposed of, directing the Executing Court to complete the inquiry initiated under Order 47 of the CPC within a period of three months from the date of receipt of the copy of the order. Both parties shall cooperate in this regard. 1 (2026) 3 SCC 99 - 4 - HC-KAR CNR: KAHC010487112026 NC: 2026:KHC:42439 WP No. 22463 of 2026 ii. It is made clear that this Court has not expressed anything on the merits of the matter. iii. All pending I.As., in the writ petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 28