- 1 - HC-KAR NC: 2026:KHC:7618 WP No.33823 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.33823 OF 2025 (GM-CPC) BETWEEN: 1. M. UDAYA KUMAR S/O LATE A.MARAPPA AGED ABOUT 67 YEARS. 2. SMT. M.S. GAYATHRI W/O M.UDAYA KUMAR AGED ABOUT 51 YEARS BOTH ARE R/AT NO.440, 20TH MAIN SERVICE ROAD, CHORD ROAD, 1ST BLOCK, RAJAJINAGAR, BENAGLURU-560 010. …PETITIONERS (BY SRI. A. LOURDU MARIYAPPA, ADVOCATE) AND: 1. G B MANJUNATH S/O BASAVARAJU AGED ABOUT 48 YEARS R/AT GOWRAGONDANAHALLI VILLAGE KORA HOBLI, TUMAKURU TALUK AND DISTRICT-572101. …RESPONDENT (BY SRI. D.L. JAGADEESH, SENIOR COUNSEL FOR SMT. RAKSHITHA D.J., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER SHEET AT ANNEXURE-A, DATED 15-10-2025, IN EX. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7618 WP No.33823 of 2025 NO.99/2024, PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, C/C ON APPLICATION I.A. UNDER SECTION OF 26 RULE 10B R/W SECTION 151 OF CPC, AGAINST THE PETITIONERS HEREIN AND ALLOW THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: "i). Call for the records in Ex.No.99/2024 on the file of the III Additional Senior Civil Judge and CJM, Tumakuru; ii). Consequently set aside the impugned order sheet at Annexure-A, dated 15.10.2025, in Ex.No.99/2024, passed by the III Additional Senior Civil Judge and CJM, Tumakuru, [C/C] on application - I.A. Under Section of 26 Rule 10B r/w Section 151 of CPC, against the petitioners herein and allow this Writ Petition; iii). Pass such other order or directions as this Hon'ble Court deems fit in the facts and circumstances of the case including awarding of costs, in the interest of justice and equity." 2. When the matter was posted before this Court on 12.01.2026, this court passed the following interim order: - 3 - HC-KAR NC: 2026:KHC:7618 WP No.33823 of 2025 "Learned counsel for the petitioners submits that aggrieved by the judgment and decree dated 10.07.2024 passed in O.S.No.901/2022, the petitioners have filed application/petition in Miscellaneous No.21/2024 under Order IX Rule 13 of CPC, which currently stands posted to 25.02.2026. It is submitted that the petitioners would file an appropriate application seeking preponement /advancement of Miscellaneous No.21/2024 to an earlier date and the Executing Court may be directed to defer the Execution Petition No.99/2024 by a period of 2 weeks from 17.01.2026. The aforesaid submission is placed on record. Learned counsel for the respondent seeks time. Re-list on 09.02.2026. Liberty is reserved in favour of the petitioners to seek advancement of Miscellaneous No.21/2024 from 25.02.2026 to any earlier date and if such an application is made, the trial Court shall consider the same and prepone/advance the matter to a date during the week commencing 19.01.2026. In the meanwhile, the Executing Court before whom Execution Petition No.99/2024 is pending is directed to defer/adjourn the matter to 07.02.2026. - 4 - HC-KAR NC: 2026:KHC:7618 WP No.33823 of 2025 The trial Court before whom Miscellaneous No.21/2024 is pending, is also directed to adjourn the matter to 09.02.2026. In the meanwhile, the trial Court before whom Miscellaneous No.21/2024 is pending is directed to pass appropriate orders on the stay application filed by the petitioners on or before 06.02.2026. Re-list on 09.02.2026." 3. In pursuance to the said order, the Trial Court before whom an application for stay was filed by the petitioner dismissed the said stay application on 06.02.2026. It is also a matter of record and an undisputed fact that the Executing Court has executed a registered sale deed on 18.10.2025 in favour of the respondent/decree holder. Under these circumstances, nothing further survives in the present petition and the same is thereby disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MR List No.: 2 Sl No.: 50