- 1 - HC-KAR NC: 2026:KHC:5976 WP No. 15951 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15951 OF 2024 (GM-CPC) BETWEEN: SMT. R. SRIMATHI W/O APPARAO N NAVALE AGED ABOUT 56 YEARS PRESENTLY RESIDING AT NO.453, 4TH MAIN, 10TH CROSS VINAYAKA LAYOUT NAGARABHAVI 2ND STAGE BANGALORE - 560 072. …PETITIONER (BY SRI. RAGHAVENDRA K, ADVOCATE) AND: SRI. K. BETTASWAMY S/O LATE KUNNAIAH AGED ABOUT 65 YEARS RESIDING AT NO.95/4 6TH CROSS ROAD, LAGGERE KEMPEGWODA EXTENSION BANGALORE - 560 058. …RESPONDENT (NOTICE TO RESPONDENT IS HELD SUFFICIENT VIDE ORDER DATED 01.12.2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE LEARNED 1ST ADDL. SENIOR CIVIL Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5976 WP No. 15951 of 2024 JUDGE AT BANGALORE RURAL DISTRICT, BANGALORE ON THE FILE OF EX.PET. NO. 70/2019, VIDE ORDER DATED, 19/01/2024, ANNEXURE-A, CONSEQUENTLY ALLOW THE EXECUTION PETITION NO. 70/2019, VIDE ANNEXURE-C ALONG WITH IA NO. 2 VIDE ANNEXURE-D FILED UNDER ORDER XXI RULE 21, RULE -32, RULE -97 R/W SECTION 151 OF CPC FOR DIRECTION TO THE JURISDICTIONAL POLICE I.E. THE BYDARAHALLI POLICE STATION, MAGADI ROAD, BANGALORE TO PROTECT INTERFERENCE OF THE RESPONDENT HEREIN OVER THE PEACEFUL POSSESSION AND ENJOYMENT OF THE WP SCHEDULE PROPERTY OF THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the Decree Holder in Execution Petition No.70/2019 is directed against the impugned order dated 19.01.2024 whereby the Executing Court dismissed the execution petition filed by the petitioner. 2. Heard learned counsel for the petitioner and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:5976 WP No. 15951 of 2024 3. The respondent who was the Judgment Debtor No. 4 in the execution proceedings being the only person against whom the petitioner had sought for relief in the execution proceedings, he has been served with notice of the present petition and has chosen to remain unrepresented and has not contested the present petition. 4. A perusal of the material on record will indicate that the Executing Court has proceeded to dismiss the execution petition without considering or appreciating the unimpeached pleadings and evidence of the petitioner - decree holder, as can be seen from the impugned order passed by the trial Court, which is illegal, erroneous and contrary to facts and law, warranting interference by this Court in the present petition. 5. Under these circumstances, having regard to the unreasoned order passed by the Executing Court, without assigning valid or proper reasons as to why, it was dismissing the execution petition despite the petitioner's pleadings and evidence having not been controverted or impeached by the respondent - JDR No. 4, without expressing any opinion on the - 4 - HC-KAR NC: 2026:KHC:5976 WP No. 15951 of 2024 merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Executing Court for reconsideration afresh in accordance with law by restoring the instant execution proceedings. In the result, the following - ORDER (I) The writ petition is allowed. (ii) The impugned order dated 19.01.2024 passed in Execution Petition No.70/2019 is set aside. (iii) Execution Petition No. 70/2019 is restored to the file of the Executing Court. (iv) Matter is remitted back to the Executing Court for reconsideration of the execution petition as well as interlocutory applications filed by the petitioner in accordance with law. (v) Petitioner to appear before the Executing Court on 16.02.2026 without awaiting further notice from the Executing Court. - 5 - HC-KAR NC: 2026:KHC:5976 WP No. 15951 of 2024 (vi) Liberty is reserved in favour of the petitioner to file additional pleadings, IAs, documents etc. which shall be considered by the trial Court and shall proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 37