- 1 - HC-KAR NC: 2026:KHC:1767 WP No. 13005 of 2025 C/W WP No. 11630 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13005 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 11630 OF 2025 (GM-CPC) IN WP No. 13005/2025 BETWEEN: M/S ADYU ESTATES, REP. BY ITS PARTNER SRI. M.S.R. KRISHNAN, S/O. SRI. M.R.S. NATHAN, AGED ABOUT 43 YEARS, NO.699, AVINASHI ROAD, COIMBATORE – 641 037 …PETITIONER (BY SRI. G. KRISHNAMURTHY, SENIOR COUNSEL FOR SRI. KUMARA, ADVOCATE) AND: 1. SRI MUNISONNAPPA, SINCE DECEASED BY HIS LRs SMT. SUBBALAKSHMI W/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 66 YEARS, R/AT LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU – 562 114. 2. SMT. M.S. SUJATHA W/O. SRI. SUNDAR, D/O. LATE SRI. MUNISONNAPPA AGED ABOUT 48 YEARS, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1767 WP No. 13005 of 2025 C/W WP No. 11630 of 2025 NO.418, CHIKKAKALLANSANDRA MAIN ROAD, NEAR MAHESH PHARMA, UTTARAHALLI HOBLI, SUBRAMANYAPURA, BENGALURU – 560 061. 3. SRI. VIJAYENDRA KUMAR L. M. S/O LATE SRI MUNISONNAPPA AGED ABOUT 46 YEARS R/A LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT BENGALURU – 562 114 4. SRL. LOKESH L. M. S/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 44 YEARS, NO.47, TUKE GROVE, UNITED KINGDOM, WF1 4SL. 5. SRI. PRADEEP KUMAR L. M. S/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 42 YEARS, ALL R/A. LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU – 562 114 6. SRI R. NAGABUSHAN RAO, S/O LATE SRI. H. NANJUNDAIAH, SINCE DECEASED BY HIS LRs SMT. SHANTHA W/O. SRI. H. NAGABUSHAN RAO, AGED ABOUT 67 YEARS, 7. SRI. H.N. SHIVAKUMAR S/O. SRI. H. NAGABHUSHAN RAO, AGED ABOUT 43 YEARS, 8. SRI. H.N. CHANDRASHEKAR, S/O. SRI. H. NAGABHUSHAN RAO, AGED ABOUT 39 YEARS, - 3 - HC-KAR NC: 2026:KHC:1767 WP No. 13005 of 2025 C/W WP No. 11630 of 2025 9. SRI. H. N. PUTTANNA S/O. SRI. NANJUNDAIAH, AGED ABOUT 63 YEARS, 10. SRI. H. N. SRIKANTA S/O. SRI. NANJUNDAIAH, AGED ABOUT 50 YEARS, SL. NO. 6 TO 10 ARE R/A. NO.292, 7TH CROSS, 10TH MAIN, BYRASANDRA, JAYANAGAR, BENGALURU – 560 011. 11. SRI. MUNISHAMAPPA S/O. LATE SRI. MUNISHAMAPPA, AGED ABOUT 60 YEARS, R/A. PALANAHALLI THOTA, MARUTHI NAGAR, YELAHANKA, BENGALURU NORTH TALUK, BENGALURU – 560 064. …RESPONDENTS (BY SRI. CHANDRASHEKAR PATIL, ADVOCATE FOR R1 TO R5) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED 15/04/2025 IN RA NO. 15013/2025 PASSED BY V ADDL. DISTRICT AND SESSION JUDGE AT DEVANAHALLI, BENGALURU RURAL DISTRICT AT ANNX-A, IN IA NO. 1 AND ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 41 RULES 5 R/W SECTION 151 OF CPC. IN WP NO. 11630/2025 BETWEEN: M/S ADYU ESTATES REP. BY ITS PARTNER SRI. M.S.R. KRISHNAN, S/O. SRI. M.R.S. NATHAN, AGED ABOUT 43 YEARS, NO.699, AVINASHI ROAD, COIMBATORE – 641 037 ...PETITIONER (BY SRI. G. KRISHNAMURTHY, SENIOR COUNSEL FOR SRI. KUMARA, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:1767 WP No. 13005 of 2025 C/W WP No. 11630 of 2025 AND: 1. SRI MUNISONNAPPA, SINCE DECEASED BY HIS LRs SMT. SUBBALAKSHMI W/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 66 YEARS, R/AT LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU – 562 114. 2. SMT. M.S. SUJATHA W/O. SRI. SUNDAR, D/O. LATE SRI. MUNISONNAPPA AGED ABOUT 48 YEARS, NO.418, CHIKKAKALLANSANDRA MAIN ROAD, NEAR MAHESH PHARMA, UTTARAHALLI HOBLI, SUBRAMANYAPURA, BENGALURU – 560 061. 3. SRI. VIJAYENDRA KUMAR L. M. S/O LATE SRI MUNISONNAPPA AGED ABOUT 46 YEARS R/A LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT BENGALURU – 562 114 4. SRL. LOKESH L. M. S/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 44 YEARS, NO.47, TUKE GROVE, UNITED KINGDOM, WF1 4SL. 5. SRI. PRADEEP KUMAR L. M. S/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 42 YEARS, ALL R/A. LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU – 562 114 - 5 - HC-KAR NC: 2026:KHC:1767 WP No. 13005 of 2025 C/W WP No. 11630 of 2025 6. SRI R. NAGABUSHAN RAO, S/O LATE SRI. H. NANJUNDAIAH, SINCE DECEASED BY HIS LRs SMT. SHANTHA W/O. SRI. H. NAGABUSHAN RAO, AGED ABOUT 67 YEARS, 7. SRI. H.N. SHIVAKUMAR S/O. SRI. H. NAGABHUSHAN RAO, AGED ABOUT 43 YEARS, 8. SRI. H.N. CHANDRASHEKAR, S/O. SRI. H. NAGABHUSHAN RAO, AGED ABOUT 39 YEARS, 9. SRI. H. N. PUTTANNA S/O. SRI. NANJUNDAIAH, AGED ABOUT 63 YEARS, 10. SRI. H. N. SRIKANTA S/O. SRI. NANJUNDAIAH, AGED ABOUT 50 YEARS, SL. NO. 6 TO 10 ARE R/A. NO.292, 7TH CROSS, 10TH MAIN, BYRASANDRA, JAYANAGAR, BENGALURU – 560 011. 11. SRI. MUNISHAMAPPA S/O. LATE SRI. MUNISHAMAPPA, AGED ABOUT 60 YEARS, R/A. PALANAHALLI THOTA, MARUTHI NAGAR, YELAHANKA, BENGALURU NORTH TALUK, BENGALURU – 560 064. ...RESPONDENTS (BY SRI. CHANDRASHEKAR PATIL, ADVOCATE FOR R1 TO R5; R11 – SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORD IN EXECUTION NO. 25/2014 ON THE FILED OF PRL SENIOR CIVIL JUDGE AND JMFC DEVANAHALLI BENGALURU - 6 - HC-KAR NC: 2026:KHC:1767 WP No. 13005 of 2025 C/W WP No. 11630 of 2025 RURAL DIST AND SET ASIDE THE ORDERS DATED 22.03.2025, PASSED BY THE TRIAL COURT ANNEXURE-A ON I.A.NO.22 AND ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 21 RULE 26 OF CPC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER W.P.No.13005/2025 is directed against the impugned order dated 15.04.2025 passed in R.A.No.15013/2025 by the V Addl. District and Sessions Judge, Devanahalli (for short “the First Appellate Court”), whereby the First Appellate Court directed issuance of notice on I.A.No.1 for stay filed by the petitioner- appellant declining to pass order of stay. 2. W.P.No.11630/2025 is directed against the impugned order dated 22.03.2025 passed in Ex.No.25/2014 on the file of the Principal Civil Judge and JMFC, Devanahalli (for short “the Executing Court”), whereby the application filed by the petitioner- plaintiff under Order 21 Rule 26 seeking stay of all further proceedings till disposal of O.S.No.68/2025 was rejected by the Executing Court. - 7 - HC-KAR NC: 2026:KHC:1767 WP No. 13005 of 2025 C/W WP No. 11630 of 2025 3. Heard learned Senior counsel for the petitioner and learned counsel for respondent Nos.1 to 5 and perused the material on record. 4. Learned Senior counsel for the petitioner and learned counsel for respondent Nos.1 to 5, who are the contesting respondents in R.A.No.15013/2025 as well as the decree holders in Ex.No.25/2014 jointly submit on instructions that both the petitions may be disposed of directing the First Appellate Court to dispose of R.A.No.15013/2025 by preponing the said appeal from 25.02.2025 to 29.01.2026 and by directing the First Appellate Court to dispose of the appeal on merits on or before 30.04.2026. It is further jointly submitted that till disposal of R.A.No.15013/2025 by the First Appellate Court, the execution proceedings in Ex.No.25/2014 may be directed to be kept in abeyance, without prejudice to the rights and contentions of both parties. 5. The aforesaid joint submissions are placed on record. 6. In the result, I pass the following: ORDER (i) Both petitions are hereby disposed of. - 8 - HC-KAR NC: 2026:KHC:1767 WP No. 13005 of 2025 C/W WP No. 11630 of 2025 (ii) The First Appellate Court before whom R.A.No.15013/2025 is pending, is directed to dispose of the appeal on or before 30.04.2025 to enable the First Appellate Court to comply with the present order and the directions issued therein. (iii) The First Appellate Court is also directed to prepone/advance the appeal from 25.02.2026, to 29.01.2026. (iv) Liberty is reserved in favour of both parties to file advancement/preponement application to enable such advancement/preponement by the First Appellate Court. (v) All rival contentions on all aspect of the matter are kept open and no opinion is expressed on the same. (vi) It is further directed that till disposal of the proceedings in R.A.No.15013/2025 by the First Appellate court, the execution proceedings in - 9 - HC-KAR NC: 2026:KHC:1767 WP No. 13005 of 2025 C/W WP No. 11630 of 2025 Ex.No.25/2014, pending before the Executing Court, shall remain in abeyance. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 62