C Devaraj vs M Srinivasa
2025 Latest Caselaw 11267 Kant

Karnataka High Court

C Devaraj vs M Srinivasa on 12 December, 2025

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

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                                                           NC: 2025:KHC:52990
                                                        WP No. 15784 of 2022


                    HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 12TH DAY OF DECEMBER, 2025

                                               BEFORE

                          THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

                             WRIT PETITION NO. 15784 OF 2022 (GM-CPC)

                   BETWEEN:

                   C. DEVARAJ
                   S/O LATE CHANDASHEKAR
                   AGED ABOUT 42 YEARS
                   R/AT NO.743, 14TH CROSS
                   2ND PHASE, JP NAGAR
                   BENGALURU - 560 078.
                                                                 ...PETITIONER
                   (BY SRI MANJUNATH M HEGDE, ADV.)
                   AND:

                   1.   M SRINIVASA
                        S/O LATE MUDDAPPA
                        AGED ABOUT 77 YEARS
                        BENGALURU - 5600.

Digitally signed   2.   P.V. CHANDRASHEKAR
by NANDINI M
S                       S/O LATE P. VEERAPPA
Location: HIGH          MAJOR.
COURT OF
KARNATAKA          3.   P.V.S. PRASAD
                        S/O LATE P. VEERAPPA
                        MAJOR.

                   4.   P.V. MAHESH
                        S/O LATE P. VEERAPPA
                        MAJOR.

                   5.   P.V. NIRANJAN
                        S/O LATE P. VEERAPPA
                        MAJOR.
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                                            NC: 2025:KHC:52990
                                         WP No. 15784 of 2022


 HC-KAR



6.   SMT. P.V. GIRIJAMBA
     W/O LATTE P. VEERAPPA
     S/O LT P VEERAPPA
     MAJOR.

     ALL ARE RESIDING AT 33/7
     1ST A CROSS, MOUNT JOY
     EXTENSION, HANUMANTHANAGAR
     BENGALURU - 560 019.
                                                   ...RESPONDENTS
(BY SRI M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI THILAK RAJ S.V, ADV., FOR R-1;
SRI H.V. NAGARAJA RAO, ADV., FOR R-3;
R-2 & R-6(VK NOT FILED);
SRI N. RAGHAVENDRA RAO, ADV., FOR R-4 & R-5)

     THIS WP IS FILED UNDER ARTICLE PRAYING TO-QUASH
ORDER DTD 28.07.2022 ON I.A.NO.2 PASSED BY THE V ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN EX.CASE
NO.1945/2015 ANNEXURE-D.

    THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B
GORUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE S VISHWAJITH SHETTY


                         ORAL ORDER

1. Petitioner 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 28.07.2022 passed on IA.no.2 in

Execution Petition No.1945/2015 passed by the Court of V

Addl. City Civil & Sessions Judge, Bengaluru.

2. Heard the learned Counsel for the parties.

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3. Facts leading to filing of this petition narrated briefly are,

respondent no.1 herein and the father of the petitioner - late

Chandrashekhar had filed O.S.No.5219/2002 seeking a decree

for specific performance of the agreement.

4. Respondent nos.2 to 5 herein were judgment-debtors in

the said suit.

5. Execution Petition No.1945/2015 is filed by respondent

no.1 herein who is one of the decree-holders in

O.S.No.5219/2002. IA.no.2 is filed by the petitioner herein who

is the son of the other decree-holder to permit him to come on

record as the second decree-holder and prosecute the

execution proceedings.

6. The said application was opposed by respondent no.1

herein. The Trial Court vide the order impugned has rejected

IA.no.2. Being aggrieved by the same, petitioner is before this

Court.

7. Learned Counsel for respondent no.1 who is the petitioner

in Execution Petition No.1945/2015, submits that he has no

objection to allow the prayer made in IA.no.2 and all

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contentions with regard to the merits of the case may be left

open to be considered by the Executing Court afresh.

8. The aforesaid submission is placed on record.

9. Writ petition is allowed. The impugned order dated

28.07.2022 passed on IA.no.2 in Execution Petition

No.1945/2015 passed by the Court of V Addl. City Civil &

Sessions Judge, is set aside. The prayer made in IA.no.2 is

granted. All contentions urged in this petition by all the parties

are left open to be considered by the Executing Court afresh.

Sd/-

(S VISHWAJITH SHETTY) JUDGE

KK