- 1 - HC-KAR NC: 2026:KHC:7241 WP No. 11821 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11821 OF 2025 (GM-CPC) BETWEEN: SRI. D. V. VISHWANATH AGED ABOUT 61 YEARS, S/O LATE D. V. VENKATAPPA, RESIDENT OF NES LAYOUT, MALAVALLI TOWN - 571430 MANDYA DISTRICT. …PETITIONER (BY SRI. VIVEKANANDA T. P., ADVOCATE) AND: SRI. VENKATESHA AGED ABOUT 60 YEARS, S/O CHIKKAVENKATEGOWDA, R/O UGRANAPURADA DODDI LAYOUT, 5TH WARD, MALAVALLI TOWN - 571430 MANDYA DISTRICT. …RESPONDENT (BY SRI. MANJUNATH M. HEGDE, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 25.10.2024 IN EXECUTION NO. 40/2021 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI AT ANNX-G. DECLARE THAT THE EXECUTION PETITION NO. 40/2021 IS NOT MAINTAINABLE IN THE LIGHT OF THE FACT THAT THE DEFENDANT / RESPONDENT HAS NOT COMPLIED WITH THE TERMS AND CONDITIONS OF THE COMPROMISE. 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:7241 WP No. 11821 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: i) issue a writ of certiorari or similar writ or order or direction to quash the order dated 25.10.2024 in Execution No.40/2021 passed by the Senior Civil Judge and JMFC, Malavalli at ANNEXURE-G. ii) Issue writ of mandamus declaring that the Execution Petition No.40/2021 is not maintainable in the light of the fact that the defendant/respondent has not complied with the terms and conditions of the compromise; ⅲ) Issue any other appropriate writ or order or direction to the respondent deem fit in the circumstances of the case in the interest of justice and equity. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner instituted a suit against the respondent in O.S.No.39/2016 for a decree in specific performance of Contract and for other reliefs in relation to the suit schedule immovable property. The said suit ended in a compromise decree dated - 3 - HC-KAR NC: 2026:KHC:7241 WP No. 11821 of 2025 03.08.2018. Subsequently, the respondent instituted the instant execution proceedings in Ex.No.40/2021, against the petitioner herein who opposed said execution proceedings on the ground that the same were not maintainable. By the impugned order, the trial Court came to the conclusion that the execution petition was maintainable, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. It is a matter of record and an undisputed fact that in addition to the instant Ex.No.40/2021, the petitioner has also instituted one more execution petition in Ex.No.15/2025, which is pending before the very same Executing Court and both petitions are posted before the Executing Court on 21.02.2026. Under these circumstances, 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 set aside the impugned order and remit the matter back to the Executing Court to consolidate, club, try and dispose of both Ex.No.40/2021 along with Ex.No.15/2025 together in accordance with law after hearing both sides within a period of 4 - 4 - HC-KAR NC: 2026:KHC:7241 WP No. 11821 of 2025 months from 21.02.2026 by leaving open all contentions to be decided by the trial Court. 5. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned order dated 25.10.2024 in Execution No.40/2021 on the file of the Senior Civil Judge and JMFC, Malavalli, is hereby set aside. iii) The matter is remitted back to the Executing Court to club, consolidate, try and dispose of Ex.No.40/2021 along with Ex.No.15/2025 within a period of 4 months from 21.02.2026. iv) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. v) The amount of Rs.5,00,000/- deposited by the petitioner before this Court is directed to be - 5 - HC-KAR NC: 2026:KHC:7241 WP No. 11821 of 2025 transmitted/transferred to the trial Court, which would be subject to the final outcome of the proceedings. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 5