- 1 - HC-KAR CNR: KAHC010506672022 NC: 2026:KHC:40108 W.P. No.21980/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21980/2022 (GM-CPC) BETWEEN: SRI. JOHNSON N.J. S/O MR. N.A. JOSE AGED ABOUT 50 YEARS R/O NO.11, 3RD CROSS COCONUT GARDEN GANGAMMA TEMPLE ROAD BENGALURU – 560013. …PETITIONER (BY SRI. JAI PRAKASH REDDY M, ADV.,) AND: 1. SRI. K.P. HARILAL S/O LATE K.V. PRABHAKARAN AGED ABOUT 56 YEARS DIRECTOR, DOLLAR SYSTEMS AND SERVICES PVT LTD. 2. SRI. K.P. JAYAPRAKASHAN S/O LATE K.V. PRABHAKARAN AGED ABOUT 50 YEARS DIRECTOR, DOLLAR ENGINEERING INDUSTRIES PVT LTD. R1 & R2 ARE R/O NO.15, 1ST FLOOR OPP. TO GANGAMMA TEMPLE JALAHALLI, BENGALURU- 560013. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010506672022 NC: 2026:KHC:40108 W.P. No.21980/2022 3. SRI. P. PRAKASH S/O LATE PADMANABHA PILLAI AGED ABOUT 52 YEARS DIRECTOR, DOLLAR SYSTEMS AND SERVICES PVT LTD R/O NO.78, AMBITHARA KALATHUR LAYOUT GANGAMMA TEMPLE JALAHALLI, BENGALURU - 560013. 4. SRI. BABU K.T. S/O K.V. THOMAS AGED ABOUT 52 YEARS DIRECTOR, DOLLAR SYSTEMS AND SERVICES PVT LTD R/O NO.73, 1ST FLOOR HILL SIDE MEADOWS LAYOUT NEAR SAMBRAM COLLEGE VIDYARANYAPURA POST BENGALURU – 560013. …RESPONDENTS (BY SRI. SUNIL S. RAO, ADV., FOR SRI. T. SESHAGIRI RAO, ADV., FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 16.07.2022 AND 13.09.2022 IN EX.P.NO.2793/2015 PASSED BY THE C/C LXXV ADDL. CITY CIVIL COURT AND SESSIONS JUDGE, BENGALURU VIDE ANNEXURE-H & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010506672022 NC: 2026:KHC:40108 W.P. No.21980/2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the orders dated 16.07.2022 and 13.09.2022 in Execution Petition No.2793/2015 by the C/c LXXV Additional City Civil Court & Sessions Judge, Bengaluru (for short ‘the Executing Court’). 2. Heard the learned counsel for the petitioner, the learned counsel for the respondents and meticulously perused the material available on record. 3. The respondents filed Execution Petition No.2793/2015 pursuant to the judgment and decree dated 10.10.2014 passed in OS.No.2323/2012. In the said execution proceedings, the decree holders sought execution of the registered sale deed in respect of the Schedule ‘B’ property and the said relief is sought as relief No.1 and relief No.3 is attachment of the - 4 - HC-KAR CNR: KAHC010506672022 NC: 2026:KHC:40108 W.P. No.21980/2022 petitioner/judgment debtor’s properties for recovery of Rs.1,08,647/-, which was the cost of the suit. 4. It is to be noticed that this Court has stayed the execution proceedings. Hence, it would be appropriate to keep the impugned orders in abeyance till the first prayer of the decree holder seeking execution of decree is complied with. Accordingly, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned orders directing the attachment of properties other than the Schedule ‘B’ property in the suit are kept in abeyance. iii. The decree holder can proceed with the execution proceedings insofar as getting the sale deed executed with regard to the Schedule ‘B’ property. Thereafter, if the judgment debtor fails to deposit the cost - 5 - HC-KAR CNR: KAHC010506672022 NC: 2026:KHC:40108 W.P. No.21980/2022 of the suit, the decree holder can seek revival of the attachment. iv. The Executing Court shall dispose of the Execution Petition as early as possible without any further delay. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 38