- 1 - HC-KAR NC: 2026:KHC:3266 WP No. 26860 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26860 OF 2023 (GM-CPC) BETWEEN: M/S N S JEWELLERS REP BY ITS PROPRIETOR N S NARASIMHA SON OF NAMASIRIRANGA SHETTY PROPRIETORSHIP CONCERN AGED ABOUT 73 YEARS CARRYING ON BUSINESS AT VOKKALAGARA SANGHA COMPLEX M G ROAD, TUMKURU 572 101 …PETITIONER (BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE) AND: MAHENDRA BHAGCHAND GUNDESHA SON OF BHAGCHAND GUNDESHA AGED ABOUT 50 YEARS PROPRIETOR OF M/S PADMAVATHI JEWELLERS CARRYING ON BUSINSS AT SHOP NO 35/39 MIRZA STREET, SHOP NO 5, OFFICE A PUSHPA PARAG BUILDING, FIRST FLOOR, MUMBAI 2 …RESPONDENT (BY SRI. V AKSHAY KUMAR JAIN.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO; a) CALL FOR RECORDS IN EX. 186/2023 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, TUMAKURU,. b) QUASH THE ORDER DATED 25/11/2023 VIDE ANNEXURE-D AND QUASH THE OPERATION OF THE WARRANT OF ATTACHMENT OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3266 WP No. 26860 of 2023 MOVABLES PASSED ON PETITIONER IN EX. NO. 186/2023 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM TUMAKURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioner seeks the following reliefs; a) Call for records in Ex:186/2023 on the file of the Prl.Senior Civil Judge and CJM, Tumakuru. b) Issue a Writ of Certiorari by quashing the order dated 25-11-2023 vide Annexure-D and quash the operation of the Warrant of Attachement of Movables passed on petitioner in Ex No.186/2023 on the file of c) Grant such other reliefs that this Hon'ble Court deems fit to be grant in the facts and circumstances of the case, in the interest of Justice and Equity. 2. A perusal of the material on record will indicate that the respondent - decree holder has filed the instant - 3 - HC-KAR NC: 2026:KHC:3266 WP No. 26860 of 2023 execution proceedings to enforce, implement and execute the judgment and decree passed by the Trial Court. 3. It is a matter of record and an undisputed fact that aggrieved by the judgment and decree of the Trial Court, the petitioner has approached the Bombay High Court in First appeal No.801/2022 and the said appeal is pending adjudication. 4. It is needless to state that the petitioner would have to necessarily work out his remedies in the said appeal pending before the Bombay High Court and the question of interfering with the impugned order in the present petition would not arise in the facts and circumstances of the instant case. It is also a matter of record that in the said first appeal, the Bombay High Court has directed the petitioner to deposit the entire amount together with interest vide order dated 04.12.2023. 5. Under these circumstances, I do not find any merit in the present petition and the same is hereby disposed of - 4 - HC-KAR NC: 2026:KHC:3266 WP No. 26860 of 2023 reserving liberty in favour of the parties to work out their remedies before the Bombay High Court. 6. Subject to the aforesaid directions and liberty reserved in favour of the parties, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE GH List No.: 1 Sl No.: 3