- 1 - HC-KAR NC: 2026:KHC:19912 WP No. 10709 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.10709 OF 2026 (GM-CPC) BETWEEN: 1. SRI. SREEDHARA NARAYANASWAMY, S/O LATE S. NARAYANASWAMY NAIDU, AGED ABOUT 57 YEARS, RESIDING AT NO.1/1, KASTLE GRACE APARTMENT G01, ESHWARA LAYOUT, 15TH CROSS, 2ND STAGE, INDIRANAGAR, BENGALURU - 560 038. …PETITIONER (BY SRI. VACHAN H.V., ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED, NO.12/1, 12/2A, 13/1A DIVYASHREE GREENS, KORAMANGALA INNER RING ROAD, DOMLUR POST, BENGALURU - 560 071 ALSO AT: CRYSTAL DOWNS, SURVEY NO.7/1, 7/2, 7/3, EMBASSY GOLF LINKS BUSINESS PARK, OFF-INTERMEDIATE RING ROAD, DOMLUR, CHALLAGHATTA VILLAGE, VARTHUR HOBLI, BENGALURU-560 071. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19912 WP No. 10709 of 2026 2. DELL INCORPORATED, NO.12/1, 12/2A, 13/1A DIVYASHREE GREENS, KORAMANGALA INNER RING ROAD, DOMLUR POST, BENGALURU-560071. ALSO AT: CRYSTAL DOWNS, SURVEY NO. 7/1, 7/2, 7/3, EMBASSY GOLF LINKS BUSINESS PARK, OFF-INTERMEDIATE RING ROAD, DOMLUR, CHALLAGHATTA VILLAGE, VARTHUR HOBLI, BENGALURU-560 071. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU TO CONSIDER AND DISPOSE OF THE INTERLOCUTORY APPLICATION (I.A NO.2) (ANNEXURE- D) FILED BY THE PETITIONER UNDER ORDER XXI RULE 43 OF THE CODE OF CIVIL PROCEDURE, 1908 IN EX NO.357 OF 2026 WITHIN A FIXED AND REASONABLE TIME AS MAY BE DEEMED FIT BY THIS HON’BLE COURT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought the following relief/s: “A. Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the Learned XLII Additional City Civil and Sessions Judge Bengaluru to consider and dispose of the - 3 - HC-KAR NC: 2026:KHC:19912 WP No. 10709 of 2026 Interlocutory Application (I.A.No.2) (Annexure- D) filed by the Petitioner under Order XXI Rule 43 of the Code of Civil Procedure, 1908 in EX No.357 of 2026 within a fixed and reasonable time as may be deemed fit by this Hon’ble Court. B. Pass such other order or direction as this Hon’ble Court may deem fit in the interest of justice and equity.” 2. The petitioner, being the Decree Holder, filed a suit for recovery of money in O.S.No.677/2017 and obtained a decree for a sum of Rs.40,81,500/- along with interest at 6% per annum. Thereafter, the Decree Holder filed an Execution Petition in Ex.No.357/2026. Upon service of summons, the Judgment Debtor appeared before the Executing Court. 3. The Decree Holder filed an application under Order XXI Rule 43 of the CPC for attachment of the Judgment Debtor's movable properties. The Judgment Debtor No.1 appeared through counsel and filed a memo before the Executing Court stating that a Regular First Appeal has been filed challenging the judgment and decree dated - 4 - HC-KAR NC: 2026:KHC:19912 WP No. 10709 of 2026 03.11.2025 passed in O.S.No.677/2017. However, no interim order has been granted in the said appeal staying the order of the Trial Court so far. Despite the same, the Executing Court has not considered the said application filed under Order XXI Rule 43 of the CPC. Therefore, the learned counsel for the petitioner seeks early disposal of the said application. 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. The Executing Court is directed to consider the application filed by the Decree Holder, i.e., I.A.No.2 under Order XXI Rule 43 of the CPC, in accordance with law, as expeditiously as possible, and in any event, on or before 30.06.2026, provided the Judgment Debtor has not already obtained any stay in the Regular First Appeal. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 46