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2026 DAILYLAW 4335 (KAR)

SMT. S PALLAVI, v. SRI. PRABHURAJ AMBIL,

WP/11653/2026 · 2026-04-10

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20074 WP No. 11653 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11653 OF 2026 (GM-CPC) BETWEEN: SMT. S PALLAVI W/O SRI. B. SATISH KUMAR REDDY D/O S. MANJUNATH REDDY AGED ABOUT 40 YEARS R/AT NO. 36/206-21 SUNRISE ENCLAVE APARTMENT 4TH FLOOR, SREE NAGARA COLONY KADAPA TOWN AND DISTRICT- 516 002 &PETITIONER (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) AND: 1. SRI. PRABHURAJ AMBIL S/O LATE DURADUNDIAH AGED ABOUT 54 YEARS R/A NO. 304, ARCHANA ENCLAVE PRASHANTHI NAGAR I.S.R.O LAYOUT, BENGALURU- 560 078. 2. SRI. S MANJUNATH REDDY S/O S. BALI REDDY AGED ABOUT 69 YEARS R/AT PEMMANAKUNTAPALLI VILLAGE NALLAMADA MANDAL SRI. SATYA SAI DISTRICT PUTTAPARTHI, ANDRA PRADESH-515 501. 3. SMT. S KAMALAMMA W/O S MANJUNATH REDDY AGED ABOUT 63 YEARS R/AT PEMMANAKUNTAPALLI VILLAGE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20074 WP No. 11653 of 2026 NALLAMADA MANDAL SRI. SATYA SAI DISTRICT PUTTAPARTHI, ANDRA PRADESH- 515 501. 4. SRI. S ADINARAYANA REDDY S/O S MANJUNATH REDDY AGED ABOUT 39 YEARS R/AT PEMMANAKUNTAPALLI VILLAGE NALLAMADA MANDAL SRI. SATYA SAI DISTRICT PUTTAPARTHI, ANDRA PRADESH- 515 501. 5. SRI. S. RAMANA REDDY S/O S MANJUNATH REDDY AGED ABOUT 37 YEARS R/AT PEMMANAKUNTAPALLI VILLAGE NALLAMADA MANDAL SRI. SATYA SAI DISTRICT PUTTAPARTHI, ANDRA PRADESH- 515 501. &RESPONDENTS (BY SRI. K G RAGHAVAN, SENIOR COUNSEL FOR SRI SANGAMESH R B., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF PROHIBITION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, RESTRAINING THE LEARNED SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI FROM PROCEEDING FURTHER WITH THE EXECUTION IN EX NO. 32/2024 (ANNEXURE-A) PENDING THE FINAL ADJUDICATION OF MISCELLANEOUS PETITION NO. 19/2026 BEFORE THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:20074 WP No. 11653 of 2026 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-Judgment Debtor No.3 has sought for the following relief/s: <I. Issue a Writ of Prohibition or any other appropriate writ, order or direction, restraining the learned Senior Civil Judge and JMFC, Devanahalli from proceeding further with the Execution in Ex No. 32/2024 (Annexure-A) pending the final adjudication of Miscellaneous Petition No. 19/2026 before the Senior Civil Judge and JMFC, Devanahalli; II. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the learned Senior Civil Judge and JMFC, Devanahalli, to dispose of Miscellaneous Petition No. 19/2026 at Annexure-B1 expeditiously and within a time-bound period; III. Grant such other reliefs as this Hon'ble Court deems fit in the interest of justice.= 2. The petitioner has filed a Miscellaneous Petition in Misc.No.19/2026, seeking for setting aside of the - 4 - HC-KAR NC: 2026:KHC:20074 WP No. 11653 of 2026 compromise decree dated 11.10.2013 passed in O.S.No.188/2011. In the meantime, the Decree Holder has filed an execution petition in Ex.No.32/2024 before the Senior Civil Judge and JMFC, Devanahalli (hereinafter referred to as 8Executing Court9 for short). 3. Learned counsel for the petitioner submits that, during the pendency of the Miscellaneous Petition, the Executing Court may proceed with the execution proceedings. 4. Learned counsel for the respondents has submitted that no application has been filed in the miscellaneous petition seeking any stay of the execution proceedings. 5. Be that as it may, if the petitioner files an application in the Miscellaneous Petition seeking stay of the execution proceedings, the Court shall consider the same in accordance with law within thirty (30) days from the date of filing, after giving an opportunity to the respondents to - 5 - HC-KAR NC: 2026:KHC:20074 WP No. 11653 of 2026 file objections and raise all contentions, including maintainability. 6. Accordingly, the writ petition is disposed of. 7. All the contentions of the parties are left open. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 34