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2026 DAILYLAW 4371 (KAR)

SRI S MADHAVAN v. SRI K P SHIVANAGA

WP/11864/2026 · 2026-04-21

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21498 WP No. 11864 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11864 OF 2026 (GM-CPC) BETWEEN: 1. SRI S MADHAVAN S/O LATE S.MADAIAH AGED ABOUT 61 YEARS 2. SMT. SHIVAKUMARI W/O S.MADHAVAN AGED ABOUT 55 YEARS BOTH ARE RESIDING AT KIRUGUNDA VILLAGE BILIGERE HOBLI NANJANGUD TALUK MYSORE DISTRICT-571129. &PETITIONERS (BY SRI. ROOPESHA B., ADVOCATE) AND: SRI K P SHIVANAGA S/O PUTTAIAH AGED ABOUT 41 YEARS R/AT KIRUGUNDA VILLAGE BILIGERE HOBLI, NANJANGUD TALUK MYSORE DISTRICT-571129. &RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ANY APPROPRIATE ORDER OR DIRECTION OR A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE HONBLE PRL. CIVIL Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21498 WP No. 11864 of 2026 JUDGE AND JMFC AT NANJANAGUD TO CONSIDER IA NO. 4 FILED BY THE PETITIONER HEREIN UNDER SECTION 49 AND READ WITH SECTION 151 OF THE CPC IN EP NO. 81/2014 VIDE ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the judgment debtors under Article 227 of the Constitution of India, seeking the following relief: <Issue any appropriate order or direction or a writ in the nature of mandamus directing the Hon9ble Principal Civil Judge and JMFC at Nanjangud to consider IA No.4 filed by the petitioner herein under Section 49 r/w. Section 151 of the Code of Civil Procedure in EP No.81/2014 vide Annexure-D.= 2. For the sake of convenience, the parties are referred to according to their ranking before the Trial Court. 3. The respondent/decree-holder has filed an execution petition in Ex.P.No.81/2014. Petitioner No. - 3 - HC-KAR NC: 2026:KHC:21498 WP No. 11864 of 2026 1/judgment-debtor No. 1 has filed an application under Section 49 of the r/w. Section 151 of Code of Civil Procedure (for short, <CPC=) on 12.01.2026. No order has been passed on the said application so far. Therefore, the petitioners have approached this Court seeking early disposal of the said application. 4. In view of the above, without expressing any opinion on the merits of the case, this writ petition stands disposed of with a direction to the Executing Court to dispose of the said application filed by the judgment- debtor under Section 49 r/w. Section 151 of CPC as expeditiously as possible, and in any event, not later than the end of June 2026. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 26