- 1 - HC-KAR NC: 2026:KHC:6126 WP No. 24354 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24354 OF 2025 (GM-CPC) BETWEEN: M S NATESH S/O M.C. SHIVARUDRAPPA AGED 51 YEARS R/AT SANTHEMARAHALLI VILLAGE CHAMARAJANAGAR TALUK -571313 …PETITIONER (BY SRI. SRINIVAS V.,ADVOCATE) AND: M S NAGABHUASHANA S/O M.C. SHIVARUDRAPPA AGED 57 YEARS R/AT SANTHEMARAHALLI VILLAGE CHAMARAJANAGAR TALUK-571313 …RESPONDENT (BY SRI. RAJARAM GOANKAR..,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS IN EX NO. 74/24 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHAMARAJANAGARA B) QUASH THE ORDER DATED 25.07.2025 PASSED IN E.X. NO.74/2024 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHAMARAJANAGARA VIDE ANNEXURE F TO THE WRIT PETITION AND CONSEQUENTLY ALLOW I.A. NO.2 FILED UNDER SECTION 151 OF CPC BY THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6126 WP No. 24354 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Call for records in E.X.No.74/2024 on the file of the Addl. Senior Civil Judge and JMFC at Chamarajanagara, b) Issue a writ of Certiorari or any other writ of like nature and quash the order dated 25.07.2025 passed in E.X.No.74/2024 on the file of the Addl. Senior Civil Judge and JMFC at Chamarajanagara vide Annexure-F to the writ petition and consequently allow I.A.No.2 filed under Section 151 of CPC by the petitioner and, c) Grant any other relief that this Hon’ble Court deems fit in the facts and circumstances of the case.” 2. After arguing the matter for sometime, learned counsel for the petitioner submits that since the respondent has preferred an appeal in RFA No.2680/2024 against the judgment and decree passed in O.S.No.166/2015, which is put into execution in the instant execution proceedings, the present petition as well as the application I.A.No.2 filed by the petitioner before the Executing Court may be dismissed as withdrawn, reserving liberty in favour of the petitioner to file an appropriate application in the pending RFA No.2680/2024 pending before this Court. 3. The said submission is placed on record. - 3 - HC-KAR NC: 2026:KHC:6126 WP No. 24354 of 2025 4. The petition as well as I.A.No.2 filed by the petitioner before the Executing Court are disposed of as withdrawn. The present petition as well as I.A.No.2 filed in Ex.No.74/2024 are disposed of as withdrawn, reserving liberty in favour of the petitioner to file an appropriate application in RFA No.2680/2024 pending before this court. 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 BMC List No.: 1 Sl No.: 32