- 1 - HC-KAR CNR: KAHC010529082026 NC: 2026:KHC:40074 WP No. 23746 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23746 OF 2026 (GM-CPC) BETWEEN: RAGHU KUMAR @ R RAGHU KUMAR S/O RAMACHANDRAIAH AGED ABOUT 46 YEARS, PROPRIETOR, M/S. NATI DONNE BIRYANI ADDRESS AT SY. NO. 130/1, OPPOSITE INDIAN OVERSEAS BANK MACHOHALLI, MAGADI MAIN ROAD, BENGALURU-560 091 …PETITIONER (BY SRI. SUBRAHMANYA KAUSHIK R S., ADVOCATE) AND: 1. GOWRAMMA B W/O LATE DODDATHIMMAIAH AGED ABOUT 69 YEARS NO. F127, VAIBHAV NILAYA, 5TH CROSS, 2ND MAIN ROAD, BHARATH NAGAR 1ST STAGE, BENGALURU-560 091. 2. MUNIRATHNAMMA W/O SIDDARAJU S AGED ABOUT 52 YEARS RESIDING AT NO. 243, 6TH CROSS, BHARATH NAGAR 1ST STAGE, BENGALURU-560 091 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010529082026 NC: 2026:KHC:40074 WP No. 23746 of 2026 3. RAHUL AGARWAL S/O NOT KNOWN TO PETITIONER MAJOR IN AGE CHIEF EXECUTIVE OFFICER, POWER STEEL, NO. 6/1A, NEAR ADISHWAR COMPLEX, SUNKADAKATTE, MAGADI MAIN ROAD, BENGALURU-560 091. 4. KRISHNA KUMAR S/O NOT KNOWN TO PETITIONER MAJOR IN AGE BIKE ACCESSORIES, NO. 6/1A, NEAR ADISHWAR COMPLEX, SUNKADAKATTE, MAGADI MAIN ROAD, BENGALURU-560 091. 5. CHETAN S/O NOT KNOWN TO PETITIONER MAJOR IN AGE SRI VARI ENTERPRISES XEROX SHOP, NO. ADISHWAR 6/1A, NEAR COMPLEX, SUNKADAKATTE, MAGADI MAIN ROAD, BENGALURU-560 091. 6. CHANDRASHEKHAR S/O NOT KNOWN TO PETITIONER MAJOR IN AGE PROPRIETOR HUMMINGBIRD, NO. 6/1A, NEAR ADISHWAR COMPLEX, SUNKADAKATTE, MAGADI MAIN ROAD, BENGALURU-560 091. 7. PRAVEEN KUMAR S/O NOT KNOWN TO PETITIONER MAJOR IN AGE PROPRIETOR, LIKITHA POLYMERS, NO. 6/1 NEAR ADISHWAR COMPLEX, SUNKADAKATTE, MAGADI MAIN ROAD, BENGALURU-560 091 - 3 - HC-KAR CNR: KAHC010529082026 NC: 2026:KHC:40074 WP No. 23746 of 2026 8. HEMANTH S/O NOT KNOWN TO PETITIONER MAJOR IN AGE MANJUSHREE FRESH CHICKEN, SY. NO. 130/1, OPP. INDIAN OVERSEAS BANK, MACHOHALLI, MAGADI MAIN ROAD, BENGALURU-560 091. 9. SHWETHA D/O NOT KNOWN TO PETITIONER MAJOR IN AGE PROPRIETRIX GANESH FOOTWEAR, SY. NO. 130/1, OPP. INDIAN OVERSEAS BANK, MACHOHALLI, MAGADI MAIN ROAD, BENGALURU-560 091. 10. D G RAVI S/O NOT KNOWN TO PETITIONER MAJOR IN AGE PROPRIETOR, GURUMALLESHWARA PROVISION STORE, NO. 6/1A, NEAR PIPELINE ROAD, NEAR JANAPRIYA APARTMENT, SUNKADAKATTE, MAGADI MAIN ROAD, BENGALURU-560 091. …RESPONDENTS (BY SRI.H S SUHAS., ADVOCATE FOR C/R1 (CP NO.18385/2026); NOTICE TO R2 TO R10 ARE DISPENSED WITH V.C.O DATED 31.07.2026) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION SETTING ASIDE THE COMMON ORDER DATED 28.07.2026 PASSED BY THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-40), BENGALURU IN EX. NO. 691/2013, PRODUCED AS ANNEXURE-A, REJECTING - 4 - HC-KAR CNR: KAHC010529082026 NC: 2026:KHC:40074 WP No. 23746 of 2026 I.A. NOS. 26 AND 27 FILED BY THE PETITIONER UNDER SECTION 151, CPC AND CONSEQUENTLY, ALLOW THE SAID I.A. NOS. 26 AND 27 AND (II) GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 28.07.2026 passed in I.A.Nos.26 and 27 in Ex.No. 691/2013 by the XXXIX Additional City Civil and Sessions Judge, Bengaluru, whereby the executing Court refused to reopen the stage of the respondents to recall RW1 - Decree Holder No. 1, the petitioner, who is the Judgement Debtor No. 7, is before this Court. 2. I.A.Nos.26 to 37 were filed by the Judgement Debtor Nos.1 to 4 and 6 to 8, and I.A.Nos.26 and 27 were filed by the petitioner, who is Judgment Debtor No.7. The executing Court dismissed all the applications on the ground that this is a case where the High Court has given specific directions to dispose of the matter in an expeditious manner, and that these are conservative applications filed by the Judgment Debtor. The - 5 - HC-KAR CNR: KAHC010529082026 NC: 2026:KHC:40074 WP No. 23746 of 2026 executing Court finds no reason to reopen and recall RW1, who is the Decree Holder No.1, for cross-examination. 3. Learned counsel for the petitioner submits that there is no intention on the part of the petitioner/Judgment Debtor No.7 to delay the proceedings. The High Court order was passed on 25.03.2026, and immediately thereafter the petitioner filed the applications. It is submitted that if one opportunity is given, the petitioner will complete the cross- examination and will not delay the proceedings. Just because the matter is directed to be decided by the executing Court in a time-bound manner, it does not mean that a reasonable opportunity will not be given to the petitioner, as that would defeat the ends of justice. 4. The respondent No.1/Decree Holder has filed the caveat, and submissions have been made on behalf of the caveator. It is submitted that the executing Court rightly considered and dismissed the applications, as it is mentioned by the executing Court that similar applications have been filed and, despite those applications being allowed, the Judgment Debtors are again coming up with one application or the other. - 6 - HC-KAR CNR: KAHC010529082026 NC: 2026:KHC:40074 WP No. 23746 of 2026 If these applications are allowed, there will be no end to these proceedings, and the order of the High Court, which contains a direction, cannot be complied with. It is submitted that the writ petition may be dismissed. It is further submitted that the age of Decree Holder No.1 is 75 years, and because of these delay tactics, the Decree Holder No.1 has not been able to enjoy the fruits of the decree till now. 5. Having heard the learned counsels on either side, perused the entire material on record. The executing Court has recorded the reasons for dismissal of the application. It is the submission of the learned counsel for the petitioner that if one opportunity is given, he will conclude his evidence. Looking at the substantial interest and balancing the interest of both parties, this Court deems it appropriate to grant an opportunity to the judgment debtor No.7 to cross-examine RW1 – Decree holder No.1. Hence, this Court is passing the following order: ORDER i. The impugned order dated 28.07.2026 passed in I.A.Nos.26 and 27 in Ex.No.691/2013 by the XXXIX Additional City Civil and Sessions Judge, - 7 - HC-KAR CNR: KAHC010529082026 NC: 2026:KHC:40074 WP No. 23746 of 2026 Bengaluru, is set aside and the petitioner/Judgment Debtor No.7 is permitted to cross-examine the decree holder No.1 on 05.08.2026. ii. It is made clear that no further time will be granted. If Judgment Debtor No.7 fails to cross- examine Decree Holder No.1 on 05.08.2026, the executing Court shall proceed with the matter in accordance with law. iii. Judgment Debtor No.7 shall cooperate with the executing Court for early disposal of the case. iv. Accordingly, the writ petition is disposed of. v. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 4 Sl No.: 1