- 1 - HC-KAR NC: 2026:KHC:4734 WP No. 19312 of 2025 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. 19312 OF 2025 (GM-CPC) BETWEEN: 1. SMT. B.LEELA, W/O LATE SHASHIPRAKASH, AGED ABOUT 60 YEARS 2. SADGUNA D/O LATE SHASHIPRAKASH, AGED ABOUT 37 YEARS BOTH ARE RESIDING AT NO.3, SAPATHAGERI NEVASA, MUNIESWARANAGARA, NEAR GOPI VENKATESWARA KALAYANAMANTAPPA, PATAL CHANNAPPA EXTENSION, NELAMANGALA, BANGALORE RURAL DISTRICT-562123 …PETITIONERS (BY SRI. ROOPESHA B., ADVOCATE) AND: SRI. S.ANANTHANARAYANASHETTY, S/O LATE S.SATHYANARAYANASHETTY SMT. RATHNAMMA, W/O S.ANANTHANARAYANASHETTY, SINCE BOTH ARE DEAD REP BY LRS. 1. SRI S.A.ARUN KUMAR S/O LATE S.ANANTHANARAYANASHETTY, AGED ABOUT 48 YEARS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4734 WP No. 19312 of 2025 2. SMT. KALAVATHI D/O LATE S. ANANTHANARAYANASHETTY W/O B. PANIDRANATH AGED ABOUT 62 YEARS, R/AT NO.2406, 10TH MAIN, E BLOCK, RAJAJINAGAR, BANGALORE-10 3. SMT. GAYATHRI, W/O LATE RAVIKUMAR, AGED ABOUT 59 YEARS 4. SURAJ. R, S/O LATE RAVIKUMAR, AGED ABOUT 37 YEARS 5. SURABHI.R, D/O LATE RAVIKUMAR, AGED ABOUT 31 YEARS 6. SAMYUTHA. M, S/O LATE S A MURALIDHAR, AGED ABOUT 35 YEARS 7. SOUKYA, D/O LATE S.A. MURALIDHAR, AGED ABOUT 33 YEARS RESPONDENTS NO.1, 3 TO 7 ARE R/AT NO.48, MAHA VIDYALA ROAD, VISHVESHWARA PURAM, BANGALORE-04 …RESPONDENTS (BY SRI. CHAITANYA S G., ADVOCATE FOR RESPONDENT NOS.1, 3 TO 7) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN EX.NO.172/2024 FROM THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU AND QUASH THE JUDGMENT DATED 24.03.2025 PASSED IN EX.NO.172/2024 BY THE HON'BLE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU IN DISMISSING THE EXECUTION PETITION AS NOT MAINTAINABLE VIDE ANNEXURE-F. - 3 - HC-KAR NC: 2026:KHC:4734 WP No. 19312 of 2025 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 This petition by the decree holders in Ex. No.172/2024 on the file of the II Additional Principal Judge, Family Court, Bengaluru, (Executing Court) is directed against the impugned order dated 24.03.2025, whereby the Executing Court dismissed the execution petition filed by the petitioners - decree holders. 2. Heard the learned counsel for the petitioners and the learned counsel for the respondent Nos.1, 3 to 7 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners instituted a suit in O.S. No.173/1997 for maintenance, which was ultimately decreed in part vide judgment and decree dated 28.05.2011 by the Trial Court awarding maintenance of Rs.15,000/- per month in favour of the petitioner No.1 against the respondents. In pursuance of the directions issued in M.F.A No.5536/2011, the respondents have filed review petition in Misc. No.22/2012 seeking review / recalling of the aforesaid judgment - 4 - HC-KAR NC: 2026:KHC:4734 WP No. 19312 of 2025 and decree dated 28.05.2011. Under these circumstances, since the review petition filed by the respondents was pending consideration, the Executing Court proceeded to pass the impugned order dismissing the execution petition, aggrieved by which the petitioners are before this Court by way of the present petition. 4. Learned counsel for the parties jointly submit that the aforesaid Misc. No.22/2012 is posted for pronouncement of judgment today and the same is pending consideration before the Trial Court for the last six months. 5. Their submission is placed on record. 6. In view of the aforesaid facts and circumstances, in order to prevent multiplicity of proceedings and instead of driving the petitioners to file one more fresh / new Execution petition, I deem it just and appropriate to set aside the impugned order and restore Ex.No.172/2024 to the file of the Executing Court and issue appropriate directions to the Executing Court to proceed further pursuant to disposal of Misc. No.22/2012 in accordance with law - 5 - HC-KAR NC: 2026:KHC:4734 WP No. 19312 of 2025 and issue further directions in this regard. Hence, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 24.03.2025 passed by the II Additional Principal Judge, Family Court, Bengaluru, in Ex. No.172/2024 is hereby set aside. Ex.No.172/2024 is restored to the file of the Executing Court. iii) The Trial Court before whom Misc. No.22/2012 is pending, is directed to pass appropriate orders in accordance with law within a period of two months from the date of receipt of a copy of this order. iv) Upon the Trial Court passing appropriate orders in Misc. No.22/2012, the Executing Court shall proceed further in Ex.No.172/2024 and dispose of the said proceedings in accordance with law. - 6 - HC-KAR NC: 2026:KHC:4734 WP No. 19312 of 2025 v). All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits / demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 1 Sl No.: 4