- 1 - HC-KAR NC: 2026:KHC:6011 WP No. 34803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34803 OF 2025 (GM-CPC) BETWEEN: 1. KEMPASHANAIAH K SON OF KEMPASIDDAIAH, AGED ABOUT 38 YEARS, R/O. SRIPATHIAHALLI, BARAGENAHALLI, NELAMANGALA - 562 111, BENGALURU RURAL DISTRICT. 2. KEMPASIDDAIAH SON OF ANDALAYA, AGED ABOUT 69 YEARS, R/O. SRIPATHIAHALLI, BARAGENAHALLI, NELAMANGALA - 562 111, BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. ABHINAY Y.T, ADVOCATE FOR SRI. RAGHU H, ADVOCATE) AND: 1. M/S. HDB FINANCIAL SERVICES LTD. A PUBLIC LIMITED COMPANY UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT GROUND FLOOR, ZENITH HOUSE, KESHAVARAO KHADYE MARG, OPP. RACE COURSE, MAHALAXMI, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6011 WP No. 34803 of 2025 MUMBAI - 400 013, AND REGIONAL OFFICE AT NO. 2079/43, 2ND FLOOR, 9TH CROSS ROAD, HOSAHALLI EXTENSION, VIJAYANAGARA, BENGALURU - 560 104, REPRESENTED BY ITS LEGAL MANAGER, SRI. VARUN. …RESPONDENT (BY SRI. S.B. MUTTALLI, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 30.10.2025 PASSED ON I.A.NO.2 IN COMM.EX.NO. 217/2025 BY THE HONBLE DISTRICT PRINCIPLE DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT (COMMERCIAL ESTABLISHMENT) PRODUCED AT ANNX-A AND SUBSEQUENT PAPER PUBLICATION PRODUCED AT ANNX-B AND ETC., 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, petitioner seeks the following reliefs : " Wherefore, the petitioner respectfully prays that, this Hon'ble Court may be pleased to (a) Issue a writ of certiorari and quashed the impugned order dated 30.10.2025 passed on IA No.2 in Comm. Ex.No.217/2025 by the Hon'ble District Principle District and Sessions Judge, Bengaluru Rural District (Commercial Establishment) produced at Annexure - A and subsequent paper publication produced at Annexure - B. - 3 - HC-KAR NC: 2026:KHC:6011 WP No. 34803 of 2025 (b) Pass such other order/s as this Hon'ble Court deems fit in the circumstances of the case. 2. Learned counsel for the petitioner - judgment debtor and learned counsel for the respondent - decree holder on instruction submits that the present petition may be disposed of reserving liberty to petitioner to file objections to IA No.2 filed by the respondent - decree holder dated 30.07.2025 under Order XXI Rule 54 CPC and to proceed further in accordance with law. 3. Submission is placed on record. 4. Though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition without interfering with the impugned order and by reserving liberty in favour of the petitioner to file objections to IA No.2 dated 30.07.2025 filed by the respondent - decree holder under Order XXI Rule 54 CPC. - 4 - HC-KAR NC: 2026:KHC:6011 WP No. 34803 of 2025 5. The petitioner - judgment debtor is directed to file objections to IA 2 in Commercial Execution No.217/2025 on the next date of hearing of the proceedings. Upon the petitioner filing objections to IA No.2 filed by the respondent, the Executing Court shall consider the same and pass appropriate orders on IA No. 2 within a period of one month from 27.02.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 30