- 1 - HC-KAR NC: 2026:KHC:4300 WP No. 18806 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18806 OF 2024 (GM-CPC) BETWEEN: 1. SMT. MUNIYAMMA, W/O HANUMANTHARAYAPPA, AGED ABOUT 67 YEARS, R/O KURUBARAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT – 561 203 2. SMT. MUNIAKKAYAMMA, W/O LATE ADIMURTHY, AGED ABOUT 61 YEARS, R/O GURUGINAJANAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, D. PALYA HOBLI, GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT – 562 101 …PETITIONERS (BY SRI. HARISH KUMAR M. S., ADVOCATE) AND: 1. SMT. MANJULA ANANTH W/O SRI ANANTHAPPA, AGED ABOUT 64 YEARS, R/O NO 329, 16TH CROSS, 5TH MAIN, HIG COLONY RMV 2ND STAGE, BENGALURU – 560 094 2. SMT SHANTHAMMA W/O MADURAPPA AGED ABOUT 48 YEARS R/O BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT – 562 110 …RESPONDENTS (BY SRI. ASHOK PATIL, ADVOCATE FOR R1; VIDE ORDER DATED 16.07.2025, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4300 WP No. 18806 of 2024 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 07.09.2023 PASSED ON THE APPLICATION FILED UNDER ORDER 21 RULE 54 R/W SECTION 151 OF CPC IN EXECUTION NO. 14/2018 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI VIDE ANNX-H AND CONSEQUENTLY SET ASIDE THE ATTACHMENT WARRANT DTD. 03.07.2024 ISSUED BY THE OF SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI VIDE ANNX-J. 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, petitioners seek the following reliefs: a) To quash the order dated 07.09.2023 passed on the application filed under Order 21 Rule 54 read with Section 151 of CPC in Execution No.14/2018 on the file of Senior Civil Judge and JMFC, Devanahalli vide Annexure-H and consequently set aside the attachment warrant dated 03.07.2024 issued by the Senior Civil Judge and JMFC, Devanahalli vide Annexure-J in the interest of justice and equity. b) Pass such other order or orders as may be deemed fit and necessary in the facts and circumstances of the case. 2. Heard learned counsel for the petitioners and learned counsel for the respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:4300 WP No. 18806 of 2024 3. Learned counsel for the petitioners would invite my attention to the interim order dated 21.03.2025 passed by this Court in order to contend that the petitioners have deposited a sum of Rs.5,00,000/- as directed by this Court. It is further submitted that the petitioners would not alienate any of the properties indicated in the Attachment Warrant till disposal of the execution proceedings before the Executing Court, which may be directed to consider the objections filed by the petitioners and dispose of the execution proceedings in accordance with law. It is also submitted that the petitioners do not have any objection for the respondent- decree holder to withdraw a sum of Rs.5,00,000/- deposited by the petitioners before the Executing Court, which shall be subject to the final outcome of the execution proceedings. 4. The aforesaid submission is placed on record. 5. In the result, I pass the following: ORDER i) The petition stands disposed of. ii) The Executing Court is directed to dispose of the execution proceedings after hearing both sides in accordance with - 4 - HC-KAR NC: 2026:KHC:4300 WP No. 18806 of 2024 law within a period of 3 months from the date of receipt of a copy of this order. iii) It is directed that till disposal of the execution proceedings, the petitioners shall not alienate, encumber, dispossess or create third party rights over any of the 5 items of schedule properties as indicated in the Attachment Warrant. iv) The sum of Rs.5,00,000/- deposited by the petitioners before this Court pursuant to the order dated 21.03.2025 is directed to be released in favour of the respondent-decree holder by the Executing Court immediately without any delay. v) It is directed that the said release/disbursement of the amount in favour of the respondent-decree holder would be without prejudice to the rights and contentions of the parties and the same would be subject to the final outcome of the execution petition. vi) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 38