- 1 - HC-KAR NC: 2026:KHC:7635 WP No. 3020 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3020 OF 2026 (GM-CPC) BETWEEN: 1. SRI. MURALI KUMAR S/O SRI. C MUNISWAMY, AGED ABOUT 50 YEARS, R/AT NO.924, 9TH 'A' CROSS, HSR LAYOUT 1ST SECTOR, BENGALURU - 560 034. …PETITIONER (BY SRI. CHANDAN S. MALAPUR, ADVOCATE) AND: 1. KARNATAKA ADHEENA NYAYALAYAGALA NYAYAMITHRA GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA HAVING ITS REGISTERED OFFICE AT NO.478/1, SRI RAMA KRUPA, 3RD FLOOR, 2ND MAIN, 5TH CROSS, MALLESHWARAM, BENGALURU - 560 003. REPRESENTED BY ITS SECRETARY, SRI. PRAVEEN K.S. S/O LATE SHIVANNA, AGED ABOUT 28 YEARS, R/AT NO.14, 11TH 'A' CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU - 560 003. 2. M/S VARAAHA BHOO VENTURES NO.3695, 9TH CROSS, 13TH 'D' MAIN, HAL 2ND STAGE, BENGALURU - 560036 Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7635 WP No. 3020 of 2026 A REGISTERED PARTNERSHIP FIRM BEARING REG. NO.SGN-F417-2009-10. REPRESENTING BY ITS MANAGING PARTNER SRI. VENU S/O LATE V. VENKARASWAMAPPA PARTNERSHIP FIRM. 3. SRI. VIJAY KUMAR MANKANI SON OF LINGAREDDY, AGED ABOUT 55 YEARS, RESIDING AT NO.61/3 RAMAKRISHNA BUILDING 1ST FLOOR, 3RD MAIN, 1ST CROSS, RANGANATHAPURA, MAGADI MAIN ROAD BENGALURU - 560 079. 4. DODDACHOWDAPPA SINCE DEAD BY LRS. SMT. HEMALATHA W/O LATE DODDA CHOWDAPPA AGED ABOUT 62 YEARS. 5. DR. MAHESH C. S/O LATE DODDA CHOWDAPPA AGED ABOUT 42 YEARS, 6. SMT. CHAYA C. D/O LATE DODDA CHOWDAPPA AGED ABOUT 39 YEARS. RESPONDENTS NO. 4 TO 6 ARE R/AT NO. 585, 6TH CROSS, 10TH MAIN H.A.L 3RD STAGE, INDIRANAGAR BENGALURU - 560 075. 7. SRI. VENU SON OF LATE V VENKATASWAMAPPA, AGED ABOUT 63 YEARS, R/AT NO.827, VISHNUPRIYA NILAYA 2ND MAIN, 1ST BLOCK NEW THIPPASANDRA H.A.L. 3RD STAGE, - 3 - HC-KAR NC: 2026:KHC:7635 WP No. 3020 of 2026 BENGALURU - 560 075. 8. SRI. CHANDRAKANTH C SON OF DODDACHOWDAPPA, AGED ABOUT 31 YEARS, R/AT 585, 6TH CROSS 10TH MAIN, H.A.L 3RD STAGE INDIRANAGAR, BENGALURU - 560 075. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.01.2026 PASSED ON I.A.NO.2 IN COM. EX. NO.186/2023 PENDING BEFORE THE HON'BLE COMMERICAL COURT PASSED BY LXXXV ACC & SESSIONS JUDGE, AT BENGALURU VIDE ANNEXURE-G; AND ETC. 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: "a). Issue a Writ, Order or Direction, in the nature of Certiorari by quashing the Impugned Order dated 06.01.2026 passed on I.A.No.2 in Com.Ex. No.186/2023 pending before the Hon'ble Commercial Court passed by LXXXV ACC & Sessions Judge, at Bengaluru vide Annexure-G; - 4 - HC-KAR NC: 2026:KHC:7635 WP No. 3020 of 2026 b). Pass any such other orders or directions that this Hon'ble Tribunal may deem fit and proper in the interest of justice and equity." 2. This petition by the judgment debtor No.4 in Commercial Execution No.186/2023 is directed against the impugned order dated 06.01.2026, passed on I.A.No.2, whereby the said application filed by the decree holder under Order XXI Rule 41 of the Code of Civil Procedure, 1908 was allowed by the Commercial Court by holding as under: “IA.No.2 filed by the decree holder under Order XXI Rule 41 of CPC is allowed. JDR Nos.1 to 6 are hereby directed to file an affidavit on oath disclosing the properties owned by them both movables as well as immovable by stating the means of satisfying the decree and shall also furnish their respective bank account statements showing full discloses and also their IT returns from 2019 till date within 15 days form the date of this order. No order as to costs.” 3. Heard the learned counsel for the petitioner and perused the material on record. - 5 - HC-KAR NC: 2026:KHC:7635 WP No. 3020 of 2026 4. Upon reconsideration, revaluation and re-appreciation of the entire material on record, I am of the considered opinion that the impugned order cannot be set to suffer from any illegality or infirmity nor can the same be said to be capricious or perverse or having occasion failure of justice warranting interference by this Court in the present petition. At any rate, the directions issued to the impugned order to the petitioner/judgment debtor No. 4 and other judgment debtor to file an affidavit on oath disclosing the properties owned by them both movables as well as immovable by stating the means of satisfying the decree and also furnishing the respective bank account statements showing full disclosures and also their income tax returns from 2019 cannot be set to have caused any prejudice to the petitioner so as to warrant interference by this Court in the exercise of its jurisdiction under Article 227 of the Constitution of India as held by the Apex Court in the case of (i) Radhey Shyam and Another Vs. Chhabi Nath and Ors. reported in (2015) 5 SCC 423 (ii) K.P. Natarajan and Another Vs. Muthalammal & Ors. reported in AIR 2021 SUPREME COURT 3443 and (iii) Mohamed Ali Vs. Jaya & Ors. reported in (2022) 10 SCC 477. Accordingly, I do not find any merits in the petition. - 6 - HC-KAR NC: 2026:KHC:7635 WP No. 3020 of 2026 5. In the result, I pass the following: ORDER Writ petition is hereby dismissed. SD/- (S.R.KRISHNA KUMAR) JUDGE MR