- 1 - HC-KAR NC: 2026:KHC:9333 WP No. 33236 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33236 OF 2025 (GM-CPC) BETWEEN: SRI B K SHIVAKUMAR S/O.B.N.KRISHNAPPA, AGED ABOUT 50 YEARS, RESIDING AT, NO.846, MAHADESWARAMMA TEMPLE ROAD, T. DASARAHALLI, BANGALORE- 560 057. …PETITIONER (BY SRI. RAGHAVENDRA K.,ADVOCATE) AND: SRI K R KRISHNAIAH S/O.LATE. RAMAGOWDA, AGED ABOUT 71 YEARS, RESIDING AT, NO.832/2, 6TH CROSS, 3RD MAIN, KEMPEGOWDA NAGAR, T.DASARAHALLI, BANGALORE- 560 094. …RESPONDENT (BY SMT. DHARANI.J, ADVOCATE FOR SRI. AJITH.A.SHETTY, ADVOCATE) THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE LEARNED XXX ADDL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE(CCH-31) ON THE FILE EX.P.NO.3667/2018 IN ORDER DTD,15.10.25 ANNX-A, IN RESPECT OF IA.NO.6/2025, UNDER ORDER XXI RULE 26 R/W SECTION 151 OF CPC AND CONSEQUENTLY ALLOW THE IA NO.6/2025 AS PRAYED FOR IN ITS ENTIRETY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9333 WP No. 33236 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ i) Issue a Writ of certiorari or pass such other order and quash the orders passed by the learned XXX Additional City Civil & Sessions Judge at Bangalore (CCH-31) on the file Ex.P.No.3667/2018 in order dated, 15.10.2025 ANNEXURE-A, in respect of I.A.No.6/2025, under Order XXI Rule 26 R/w Section 151 of CPC and consequently allow the I.A.No.6/2025 as prayed for in its entirety. ii) Pass such other order as this Hon’ble court deems fit and necessary under the facts and circumstances of the case.” 2. On 07.11.2025, this Court passed the following order:- “ Heard learned counsel for petitioner. Issue notice to the respondent. In addition to the same, learned counsel for petitioner is permitted to take out notice to the counsel representing the respondent before the Executing Court. Learned counsel for petitioner submits that he is intending to settle the matter with the respondent and as there was some financial difficulty in obtaining loan, he was unable to do the same. Placing the submission of learned counsel on record, this Court intends to show some indulgence by passing the following: - 3 - HC-KAR NC: 2026:KHC:9333 WP No. 33236 of 2025 ORDER There shall be stay of execution proceedings in Ex.No.3667/2018 subject to the petitioner paying/depositing 50% of the outstanding amount of Rs.27 Lakhs without adverting to the interest at this stage and the same shall be paid within a period of four weeks from the date of receipt of a copy of this order. Respondent is at liberty to move this Court for variation/modification of this order.” 3. Learned counsel for the respondent has filed a memo dated 23.01.2026, which reads as under:- “ That Respondent would most respectfully submit that vide order dated: 07th November, 2025, this Hon’ble court was pleased to pass the following order; “ There shall be stay of execution proceedings in Ex.No.3667/2018 subject to the petitioner paying/depositing 50% of the outstanding amount of Rs.27 lakhs without adverting to the interest at this stage and the same shall be paid within a period of four weeks from the date of receipt of a copy of this order. Respondent is at liberty to move this Court for variation/modification of this order.” The Respondent would submit that the petitioner herein has failed to comply with the said direction of this Hon’ble Court and the Hon’ble Executing court has adjourned the matter solely on the ground that the present writ petition is pending. - 4 - HC-KAR NC: 2026:KHC:9333 WP No. 33236 of 2025 WHEREFORE, the Respondent would most respectfully pray that this Hon’ble Court to consider the writ petition on merits in the interest of justice and equity.” 4. In view of non-compliance of the interim order passed by this Court, nothing further survives in the present petition, which is accordingly dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.