- 1 - HC-KAR NC: 2026:KHC:5032 WP No. 2495 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2495 OF 2026 (GM-CPC) BETWEEN: 1. SRI. GOPAL N. CHUGH SINCE DEAD BY HIS LRs NEETA GOPAL CHUGH W/O LATE GOPAL N. CHUGH AGED ABOUT 63 YEARS. 2. SANJAY GOPAL CHUGH S/O LATE GOPAL N. CHUGH AGED ABOUT 52 YEARS 3. AMIT GOPAL CHUGH S/O LATE GOPAL G. CHUGH AGED ABOUT 46 YEARS ALL ARE R/AT FLAT NO. 1901 AND 1902, EMBASSY HABITAT, NEAR MOUNT CARMEL COLLEGE, VASANTH NAGAR, BANGALORE – 560 052 PRESENT ADDRESS NO.106, SAVITHRI NIVAS, KUMARA PARK WEST, RAILWAY PARALLEL ROAD, BANGALORE – 560 020. …PETITIONERS (BY SRI. KRISHNA MURTHY N., ADVOCATE) AND: 1. SMT. VANDANA G. THAKUR SINCE DEAD BY HER LRs SMT. VINITHA MOHAN KUMAR W/O MOHAN KUMAR, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5032 WP No. 2495 of 2026 AGED ABOUT 49 YEARS, R/AT. NO. 111/8, RAGHURAM COLONY, GANDHI ROAD, SALEM – 636 007. 2. SMT. SHEETAL G. THAKUR W/O VIJAY ARJUN DAS AGED ABOUT 44 YEARS, R/AT FLAT NO.107, SV ARCADE APARTMENT, KODICHIKANNAHALLI, MN ROAD, NEAR SBI OFFICERS PRIME RESIDENCY, SEENAPPA LAYOUT, BOMMANAHALLI, BANGALORE – 560 068. 3. SMT. PREETAL G. THAKUR, W/O PRASHANTH NAGPAL AGED ABOUT 34 YEARS, R/AT DOOR NO. 600, 11TH CROSS, 4TH MAIN, 3RD STAGE, GOKULAM, MYSORE – 570 002. 4. SRI. KAMLESH S/O SRI. PRAKASH N. CHUGH, AGED ABOUT 44 YEARS, R/AT NO. 34, 8TH BLOCK, KORAMANGALA VILLAGE, BANGALORE – 560 037. 5. SMT. RAJKUMAR ALIAS SANGEETHA W/O SRI. RAMESH LAL CHABRIA C/O TEKCHAND AND CO., ITWARI BAZAR, NAGPUR – 440 002 6. SRI. MURALI N. CHUGH ALIAS GULLU ALIAS GULAM MOHAMMED S/O LATE NICHALDAS, R/AT NO. 25/26, NEW GAGLUR LAYOUT, 3RD MAIN, LINGARAJPURAM, BANGALORE – 560 005 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 03.01.2026 PASSED BY THE VI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-11) IN EXECUTION PETITION NO.434/2022 AS PER ANNEXURE-A ARISING OUT OF FDP NO.141/2010 IN O.S. NO.8516/1999, AS BEING ILLEGAL, ARBITRARY AND CONTRARY TO LAW (AS PER ANNEXURE-A) AND ETC., - 3 - HC-KAR NC: 2026:KHC:5032 WP No. 2495 of 2026 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, the petitioners seek the following reliefs: “a) Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the impugned order dated 03.01.2026 passed by the VI Addl. City Civil and Sessions Judge, Bengaluru (CCH-11) in Execution Petition No.434/2022 as per Annexure-A arising out of FDP No.141/2010 in O.S.No.8516/1999, as being illegal, arbitrary and contrary to law; (as per Annexure-A). b) Issue a writ of Mandamus or Prohibition restraining the Respondents, their agents, officers or anybody claiming through them from proceeding further with the execution proceedings, including appointment of Court Commissioner, issuance of commission warrant and conducting public auction in respect of Schedule A to C, E and F properties, pending disposal of RFA No.1979/2021; c) Grant an interim order of stay of the operation and implementation of the impugned order dated 03.01.2026 and stay all further proceedings in Execution Petition No.434/2022, including auction proceedings, pending disposal of the present writ petition; - 4 - HC-KAR NC: 2026:KHC:5032 WP No. 2495 of 2026 d) Pass such other or further order(s) as this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and perused the material on record. 3. For the order proposed, issuance of notice to the respondents is dispensed with. 4. Learned counsel for the petitioners submits that the petitioners have already filed an application in Ex.No.434/2022 seeking recalling of the impugned order dated 03.01.2026 and the matter is posted before the Executing Court on 30.01.2026. It is submitted that the present petition may be disposed of with a direction to the Trial Court to consider and pass appropriate orders on the recalling application filed by the petitioners, in accordance with law. 4. The said submission is placed on record. 5. In the light of the undisputed fact that the petitioners have already filed a recalling application seeking recalling of the order of the Executing Court dated 03.01.2026, which is also - 5 - HC-KAR NC: 2026:KHC:5032 WP No. 2495 of 2026 impugned in the present petition, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the Executing Court to consider and pass appropriate orders on the recalling application filed by the petitioner and thereafter, proceed further in the matter, in accordance with law. 6. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 67