- 1 - HC-KAR NC: 2026:KHC:2455 WP No. 865 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.865 OF 2026 (GM-CPC) BETWEEN: SRI M J DILEEP KUMAR S/O M JAYAPRAKASH, AGED ABOUT 56 YEARS, NO.79, 1ST FLOOR, INDUSTRIAL TOWN, MAGADI MAIN ROAD, BANGALORE – 560 044. …PETITIONER (BY SRI. BIPIN HEGDE, FOR SRI. BANNIKATTI DEEPAK, ADVOCATES) AND: 1. SRI M V SATHYANARAYANA AGED ABOUT 68 YEARS, S/O SRI M R VENKATARAMA SHETTY, R/A NO.68, SATHYANARAYANA LAYOUT, 3RD STAGE, 4TH BLOCK, WEST OF CHORD ROAD, BASAVESHWARANAGAR BANGALORE – 560 079. 2. SMT. KAVITHA W/O M J DILEEP KUMAR, AGED ABOUT 37 YEARS, NO.79, 1ST FLOOR, INDUSTRIAL TOWN, MAGADI MAIN ROAD, BANGALORE – 560 044 …RESPONDENTS (BY SRI. G.L. VISHWANATH, SENIOR COUNSEL APPEARING FOR SMT. MANASA B.RAO, ADVOCATE FOR C/R-1) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.01.2026 PASSED BY THE HON'BLE XLII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN EX.NO.2145/2025 (ANNEXURE- A). Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2455 WP No. 865 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the judgment debtor No.1 in Ex.No.2145/2025 is directed against the impugned order dated 07.01.2026 passed by the XII Addl. City Civil & Sessions Judge, whereby the request of the judgment debtor seeking time to vacate the suit property was rejected by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the caveator – respondent No.1 and perused the material on record. 3. Learned counsel for the petitioner submits the petitioner would voluntarily and unconditionally hand over vacant possession of the suit schedule property to the respondent on or before 13.02.2026 and an affidavit in this regard would be filed within a period of one week from today. The said submission is placed on record. Accordingly, I deem it just and appropriate to dispose of this petition by issuing certain directions. - 3 - HC-KAR NC: 2026:KHC:2455 WP No. 865 of 2026 4. In the result, I pass the following: ORDER (i) The petition is dispose of without interfering with the impugned order. (ii) Petitioner is granted time upto 13.02.2026 to voluntarily vacate and hand over vacant possession of the suit schedule property to the respondents and the petitioner shall file an affidavit in this regard incorporating the following conditions: (a) Petitioner shall voluntarily quit and deliver vacant possession of the suit schedule property to the respondent on or before 13.02.2026. (b) Petitioner shall not shall not sublet, underlet or part with possession or induct third parties into possession of the suit schedule property till he quits and delivers vacant possession of the suit schedule property to the respondent. - 4 - HC-KAR NC: 2026:KHC:2455 WP No. 865 of 2026 Subject to the aforesaid directions and petitioner filing an affidavit of undertaking as stated supra within a period of one week from today, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 40