[Cites 3, Cited by 0]
Karnataka High Court
Praveen vs B Dilip Sharavanan on 1 December, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:49865
WP No. 1608 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 1608 OF 2024 (GM-CPC)
BETWEEN:
PRAVEEN
S/O C. RAJENDRA
AGED ABOUT 46 YEARS
R/A RAJALAKSHMI NILAYA
NO.29/2, 7TH CROSS ROAD,
1ST BLOCK, JAYANAGAR
BANGALORE 560 010
...PETITIONER
(BY SRI. GOWDA G A K., ADVOCATE)
AND:
1. B DILIP SHARAVANAN
S/O P.BHASKAR
AGED ABOUT 36 YEARS
R/A NO.212, 29TH MAIN RAOD,
12TH CROSS, BTM LAYOUT
Digitally 2ND STAGE, BANGALORE 560 076
signed by
KAVYA R 2. K.V. NARAYANASWAMY
Location: High S/O K.R. VENKATARAMANAPPA
court of AGED ABOUT 55 YEARS
Karnataka R/A BYREGOWDA NAGAR
KOLAR 563101
3. E. GOPALAPPA
S/O ERAPPA
AGED ABOUT 65 YEARS
R/A MURADAHALLI VILALGE
KASABA HOBLI, KOLAR TALUK
KOLAR DISTRICT 563 101.
4. R. MURALI MOHAN
S/O LATE RAJAGOPAL
AGED ABOUT 46 YEARS
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NC: 2025:KHC:49865
WP No. 1608 of 2024
HC-KAR
R/A NO. 374, 11TH CROSS
17TH MAIN, J.P NAGAR
BANGALORE- 560 078
...RESPONDENTS
(BY SRI. T PRAKASH., ADVOCATE FOR R1;
NOTICE TO R2-4 D/W V/O DTD 17.1.24)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
ORDER VIDE ANNEXURE-C DTD 06.01.2024, PASSED BY THE
LEARNED XXIX ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BANGALORE, (CCH-30) IN E.X.NO.552/2022, IN
I.A.NO.1, FILED BY THE R1, UNDER ORDER XXI RULE 95 R/W
SECTION 151 OF CPC FOR ISSUE OF DELIVERY WARRANT, AND
ALLOW THE SAID I.A.NO.1 AS PRAYED FOR THEREIN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
The judgment debtor No.3 is before this Court in this
writ petition filed under article 227 of the Constitution of
India with a prayer to set aside the order dated
06.01.2024 passed in Ex.No.552/2022 by the Court of
XXIX Additional City Civil and Sessions Judge, Bengaluru.
2. Heard the learned counsel for the parties.
3. Respondent No.1 herein has filed
Ex.No.552/2022 before the Court of XXIX Additional City
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HC-KAR
Civil and Sessions Judge, Bengaluru to execute the decree
of specific performance passed in O.S.No.8438/2015 dated
11.11.2020. In the execution proceedings through the
process of Court sale deed was executed in favor of the
decree holder. Thereafter, I.A.No.1 was filed by the decree
holder in the execution proceedings to issue delivery
warrant in respect of the suit schedule property. Petitioner
herein had sought time on 06.01.2024 to file objections to
the said application and the same was rejected by the
executing Court. Being aggrieved by the said order
petitioner is before this Court.
4. Perusal of the material on record would go to
show that after the sale deed was executed in respect of
the suit schedule property in favor of the decree holder
through the process of Court, I.A.No.1 was filed by the
decree holder in execution proceedings on 03.06.2023,
with a prayer to issue delivery warrant in respect of the
suit schedule property. The executing Court had thereafter
adjourned the matter three time to enable the judgment
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HC-KAR
debtor to file objections to I.A.No.1. Inspite of the same,
the judgment debtor had not filed objections to I.A.No.1
and on 06.01.2024, a further request was made on behalf
of the judgment debtor to grant further time to file
objections to I.A.No.1 and the Trial Court vide the
impugned order has rejected the said prayer made of the
judgment debtor. Though this Court does not find any
illegality or irregularity in the order impugned dated
06.01.2024 passed by the Trial Court, by way of
indulgence I am inclined to grant a final opportunity to the
petitioner herein to file objections to I.A.No.1. It is made
clear that in the event, petitioner does not file his
objections within the time granted by this Court, the Trial
Court shall proceed further in accordance with law and
pass appropriate order on I.A.No.1. Accordingly, the
following:
ORDER
(i) The writ petition is allowed.
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(ii) The impugned order dated
06.01.2024 passed in Ex.No.552/2022 by the
Court of XXIX Additional City Civil and Sessions
Judge, Bengaluru.
(iii) Petitioner is permitted to file his
objection to I.A.No.1 in Ex.No.552/2022 before
the executing Court on or before the next date of
hearing before the Trial Court i.e., 11.12.2025.
The Trial Court is directed to dispose off I.A.No.1
on merits within a period of one month from the
next date of hearing.
In view of disposal of the petition I.A.No.1/2025 does
not survive for consideration.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
