- 1 - HC-KAR NC: 2026:KHC:1656 WP No. 39593 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.39593 OF 2025 (GM-CPC) BETWEEN: SRI SHIVANANJAPPA@KUMAR S/O NANJAPPA AGED ABOUT 57 YEARS R/O BALA MADHIHALLI VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR – 572 212. …PETITIONER (BY SMT. NANDINI B., ADVOCATE FOR SRI. BHARGAV G., ADVOCATE) AND: 1. SRI MANJANNA S/O. SHANKARAPPA, AGED ABOUT 60 YEARS, R/O BALA MADHIHALLI VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR – 572 212. 2. SRI.VINAYKUMAR S/O.MANJANNA, AGED ABOUT 30 YEARS, R/O BALA MADHIHALLI VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR – 572 212. …RESPONDENTS Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1656 WP No. 39593 of 2025 THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT QUASHING ENTIRE EXECUTION PROCEEDINGS IN EX. NO.37/2023 VIDE ANNEXURE-A PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, TURUVEKERE AT TUMKUR OR ALTERNATIVELY DIRECT THE LEARNED JUDGE OF THE EXECUTION COURT TO CONSIDER THE STATEMENT OF OBJECTIONS FILED BY THE PETITIONER VIDE ANNEXURE-F DATED 21.10.2024 EX.NO.37/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, TURUVEKERE AT TUMKUR BEFORE PASSING ANY ORDER ADVERSE TO THE INTEREST OF THE PETITIONER/JUDGMENT DEBTOR AND TO DEAL WITH THE MATTER IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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: “i) Issue Writ of Mandamus or any other Writ quashing entire Execution proceedings in Ex.No.37/2023 vide Annexure-A pending on the file of Civil Judge and JMFC, Turuvekere at Tumkur Or alternatively direct the learned Judge of the Execution Court to consider the statement of objections filed by the petitioner vide Annexure- F dated 21.10.2024 in Ex.No.37/2023 pending on the file of Civil Judge and JMFC, Turuvekere at Tumkur before passing any order adverse to the interest of the Petitioner/Judgment Debtor and to deal with the matter in accordance with law. ii) Pass such other writ/s or order/s which are deemed to be fit in the nature and circumstances of the above case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:1656 WP No. 39593 of 2025 2. Heard learned counsel for the petitioner and perused the material on record. 3. Learned counsel for the petitioner submits that though the petitioner filed statement of objections before the Executing Court in Ex.No.37/2023 as long back as on 21.10.2024 itself, the Executing Court is not considering the objections filed by the petitioner and is proceeding further and as such, the petitioner is before this Court by way of the present petition. 4. A perusal of the material on record including the order sheet maintained by the Trial Court will indicate that the petitioner had filed objections as long back as on 21.10.2024 and no orders have been passed by the Executing Court in the execution proceedings even till today. Under these circumstances, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition by directing the Executing Court to consider to pass appropriate orders in the pending Ex.No.37/2023 after providing sufficient and reasonable opportunity to both Decree Holder and - 4 - HC-KAR NC: 2026:KHC:1656 WP No. 39593 of 2025 Judgment Debtor and consider their rival contentions and proceed further in accordance with law. 5. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 35