- 1 - HC-KAR NC: 2026:KHC:4735 WP No. 19458 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. 19458 OF 2025 (GM-CPC) BETWEEN: SRI. T.S. SHAMA RAO S/O. LATE S. SHESHAGIRI RAO, AGED ABOUT 61 YEARS, R/AT NO.151, 1ST CROSS, J.C. NAGAR, BENGALURU-560086. …PETITIONER (BY SRI. PRAVEEN KUMAR N.K., ADVOCATE) AND: 1. SMT. LEELAMMA W/O LATE G.C. SHIVARUDRAPPA AGED ABOUT 70 YEARS, 2. SRI. G.S. KRISHNAMURTHY, W/O. LATE G.C. SHIVARUDRAPPA, AGED ABOUT 54 YEARS, 3. SRI. G.S. RENUKA PRASAD, S/O. LATE G.C. SHIVARUDRAPPA, AGED ABOUT 51 YEARS, 4. SRI. G.S. ANUP KUMAR, S/O. LATE G.C. SHIVARUDRAPPA, AGED ABOUT 48 YEARS, 5. SMT. G.S. JAISHREE, D/O. LATE G.C. SHIVARUDRAPPA, AGED ABOUT 55 YEARS, 6. SMT. G.S. SARALA, D/O. LATE G.C. SHIVARUDRAPPA, AGED ABOUT 52 YEARS, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4735 WP No. 19458 of 2025 RESPONDENTS NO.1 TO 6 ARE R/O. NO.10/B, NANJAPPA ROAD, SHANTINAGAR, BENGALURU- 560027. 7. SRI. G. ANANTHA SHENOY, S/O. LATE SRI. G. VENKATESH SHENOY, AGED ABOUT 52 YEARS, NO.2941, GROUND FLOOR, 7TH MAIN, 1ST CROSS, RAJAJINAGAR II STAGE, BENGALURU - 560010. …RESPONDENTS (BY SRI. H.V.PRAVEEN GOWDA, ADVOCATE FOR RESPONDENT NO.1; SRI. SANATH KUMAR SHETTY K., ADVOCATE FOR RESPONDENT NO.7) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN EX.NO.1763/2021 PENDING BEFORE XIV ADDL. CITY CIVIL AND SESSION JUDGE, AT BENGALURU (CCH-28) AND SET ASIDE THE ORDER DATED 13.06.2025 PASSED ON THE I.A NO. IX UNDER IN EX. NO.1763/2021 ON THE FILE OF XIV ADDL. CITY CIVIL AND SESSION JUDGE, AT BENGALURU (CCH-28) VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the objector / obstructor in Ex. No.1763/2021 is directed against the impugned order passed on I.A No.IX whereby the Executing Court partly allowed the application filed by the respondent No.1 – decree holder. - 3 - HC-KAR NC: 2026:KHC:4735 WP No. 19458 of 2025 2. A perusal of the material on record will indicate that the respondent Nos.1 to 6 – decree holders instituted the aforesaid execution proceedings against the respondent No.7 – judgment debtor to enforce and implement the judgment and decree passed in O.S. No.4288/2008 passed by the Trial Court. During the pendency of the said execution proceedings, the petitioner herein filed an application under Order XXI Rules 99 and 101 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’). The respondent Nos.1 to 6 – decree holders have filed objections and are opposing / contesting the said application. Meanwhile, the respondent Nos.1 to 6 filed the instant application for a direction to the petitioner/objector to deposit the arrears of rent. The said application having been opposed by the petitioner, the Executing Court proceeded to pass the impugned order allowing I.A. No.IX, aggrieved by which, the petitioner is before this Court by way of the present petition. 3. Though several contentions have been urged by both sides in support of their respective claims, it is an undisputed fact and a matter of record that the obstructor / objector application filed by the petitioner under Order XXI Rules 99 and 101 of the CPC is - 4 - HC-KAR NC: 2026:KHC:4735 WP No. 19458 of 2025 still pending adjudication before the Trial Court. Under these circumstances, without expressing any opinion on the 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 consideration of the obstructor application filed by the petitioner as well as the I.A. No.IX afresh in accordance with law within a stipulated time frame by leaving open all the contentions. 4. In the result, I pass the following: ORDER i). The petition is hereby allowed. ii). The impugned order dated 13.06.2025 passed on I.A No.IX in Ex. No.1763/2021 pending on the file of the XIV Additional City Civil and Sessions Judge, Bengaluru City, is hereby set aside. iii). The matter is remitted back to the Executing Court for consideration of I.A. No.IX afresh in accordance with law. - 5 - HC-KAR NC: 2026:KHC:4735 WP No. 19458 of 2025 iv). The Executing Court shall consider the obstructor / objector application filed by the petitioner as well as the I.A. No.IX afresh and pass appropriate orders on both the applications on or before 30.04.2026. v). All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits / de-merits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA/List No.: 1 Sl No.: 5