- 1 - HC-KAR NC: 2026:KHC:2453 WP No. 34252 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.34252 OF 2025 (GM-CPC) BETWEEN: 1. SRI SUDHARSHAN K G S/O GANGADHARAPPA AGED ABOUT 55 YEARS 2. SMT. JUMANA W/O SUDHARSHAN AGED ABOUT 45 YEARS 3. SRI. SUNIL S/O SUDHARSHAN AGED ABOUT 33 YEARS R-1 TO R-3 ALL ARE R/AT 276, MARANAGERE VILLAGE, TIPTUR TALUK, TUMKUR – 572 201. …PETITIONERS (BY SRI. PRASHANTH M., ADVOCATE) AND: 1. M/S FIVESTAR BUSINESS FINANCE LIMITED REGISTERED UNDER COMPANIES ACT, 2013 # 27, TAYLOR'S ROAD, KILAPUK, CHENNAI-600 010. ALSO HAVING ITS OFFICE AT: MAHALAKSHMIPURAM, BENALURU-560 086. REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. GS. ROBERT, MANAGER-LEGAL. 2. THE ARBITRATOR THIRU G KUMANAN B.SC B.L,. DIST JUDGE (RETD) NO.1/63, 5TH MAIN ROAD, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2453 WP No. 34252 of 2025 SIDCO NAGAR 2ND FLOOR, VILLIVAKKAM, CHENNAI-600 049. …RESPONDENTS (BY SRI. SURESH V., ADVOCATE) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PROCEEDINGS IN EXECUTION PETITION 10096/2024 PENDING BEFORE V ADDL. DISTRICT AND SESSIONS JUDGE, TIPTUR. 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 relief: “(i) To set aside the pending proceedings in Execution Petition 10096/2024 pending before V Addl. District and Sessions Judge, Tiptur, Annexure-B (ii) Permit the petitioner to settle dues in reasonable installments. (iii) Pass such other orders as deemed fit in the interest of justice.” 2. Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the petitioners – judgment debtors have already filed statement of objections to the instant execution - 3 - HC-KAR NC: 2026:KHC:2453 WP No. 34252 of 2025 proceedings in Ex.Petition No.10096/2024 filed by the respondent No.1 – decree holder, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour of both parties to urge their respective contentions in the pending execution proceedings, and the Executing Court shall consider the rival contentions and proceed further in accordance with law. 3. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 56