- 1 - HC-KAR NC: 2026:KHC:4596 WP No. 28613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28613 OF 2025 (GM-CPC) BETWEEN: 1. ZEENATHUNNISA SINCE DECEASED BY LRS SRI. MUNEER AHMED SHARIEF AGED ABOUT 58 YEARS S/O LATE JANAB HAJI AHMED SHARIEFF RESIDING AT NO.40/1 COCKBURN ROAD BENGALURU - 560 051. …PETITIONER (BY SRI. SIDDHARTH SUMAN., ADVOCATE) AND: 1. SMT JAVERIA NUSARATH AGED ABOUT 40 YEARS D/O ZAFRULLA KHAN R/AT NO. 8, 1ST CROSS, SOMESHWARANAGAR, BENGALURU - 560 011 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4596 WP No. 28613 of 2025 2. SMT. YASMEEN SULTANA AGED ABOUT 57 YEARS D/O AHMED SHARIFF R/AT NO. 8, 1ST CROSS, SOMESHWARANAGAR, BENGALURU - 560 011 3. SRI. ALLAH BAKASH S/O NOT KNOWN TO THE PLAINTIFF THEREIN RESIDING AT NO. 40/1, COCKBURN ROAD, BENGALURU - 560 051. …RESPONDENTS (BY SRI. SYED ROOHULLA M., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDERS OR DIRECTIONS, QUASHING THE ORDERS DATED 13.01.2025 AND 10.07.2025 PASSED BY THE LEARNED XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-44) IN EXECUTION NO. 1376/2022 (I.E. ANNEXURE -A) AS ARBITRARY, ILLEGAL AND UNJUST AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4596 WP No. 28613 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "(a) to issue a writ of certiorari or such other appropriate writ or orders or directions, quashing the orders dated 13.01.2025 and 10.07.2025 passed by the learned XLIII Addl. City Civil and Sessions Judge, Bengaluru (CCH-44) in Execution No.1376/2022 (i.e., Annexure-A) are arbitrary, illegal and unjust. (b) and to consequently direct the Respondent No.1 to restore physical possession of the Schedule B Property to the Petitioner and return the Respondent No.1 to the Petitioner, in the interest of justice and equity. (c) to award costs and grant such other relief as this Hon'ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned counsel for the respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner/judgment debtor No.1 (b) in the instant Ex.No.1376/2022 is before this Court being aggrieved by the impugned orders dated 13.01.2025 and 10.07.2025 under which the Executing Court directed issuance of delivery warrant - 4 - HC-KAR NC: 2026:KHC:4596 WP No. 28613 of 2025 in respect of the execution schedule property. It is a matter of record and an undisputed fact that the execution petition was closed by the Executing Court on 13.09.2025 after the present petition was filed on 12.09.2025. 4. Learned counsel for the petitioner submits that prior to the petitioner having preferred the present petition on 12.09.2025, respondent No.1 had illegally and high handedly dispossessed the petitioner from the property in question and the aforesaid order dated 13.09.2025 passed by the Executing Court during the pendency of the present petition may be set aside and the execution petition be restored to the file of the Executing Court by reserving liberty in favour of the petitioner to file appropriate application(s)/petition(s) before the Executing Court, which may be directed to consider and pass appropriate orders on the same in accordance with law. 5. Per contra, learned counsel for respondent No.1/decree holder submits that in the event the petitioner files such application(s)/petition(s) before the Executing Court in Ex.No.1376/2022, liberty may be reserved in favour of respondent No.1/decree holder to file objections to the said - 5 - HC-KAR NC: 2026:KHC:4596 WP No. 28613 of 2025 application and the Executing Court may be directed to consider and pass appropriate orders on the same in accordance with law. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by issuing certain directions in Ex.No.1376/2022 before the Executing Court. 7. In the result, the following: ORDER i) The petition is hereby disposed of. ii) The order dated 13.09.2025 passed by the Executing Court in Ex.No.1376/2022 is hereby set aside. iii) The Execution Proceedings in Ex.No.1376/2022 are restored to the file of the Executing Court. iv) The parties are directed to appear before the Executing Court on 09.02.2026 without awaiting further notice from the Executing Court. - 6 - HC-KAR NC: 2026:KHC:4596 WP No. 28613 of 2025 v) Liberty is reserved in favour of the petitioner to file appropriate application(s)/petition(s) before the Executing Court seeking appropriate reliefs. vi) In the event the petitioner files such application(s)/petition(s), the Executing Court shall provide an opportunity to respondent No.1 to file objections and thereafter dispose of the said application(s)/petition(s) in accordance with law as expeditiously as possible. vii) 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 VM List No.: 1 Sl No.: 12