Smt Ujjwala Shenoy vs D B Jatti
2025 Latest Caselaw 9098 Kant

Karnataka High Court

Smt Ujjwala Shenoy vs D B Jatti on 13 October, 2025

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

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                                                         NC: 2025:KHC:40376
                                                      WP No. 12977 of 2023


               HC-KAR



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 13TH DAY OF OCTOBER, 2025

                                             BEFORE

                     THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

                        WRIT PETITION NO. 12977 OF 2023 (GM-CPC)

              BETWEEN:

              SMT. UJJWALA SHENOY
              W/O VIVEK B SHENOY
              AGED 54 YEARS
              R/AT VILLA NO.19
              JATTI DWARAKAMI
              ECC ROAD, WHITEFIELD
              BENGALURU - 560 066
              REPRESENTED BY POWER OF ATTORNEY
              ANEESH VARGHESE
              S/O P K VARUGHESE
              AGED ABOUT 48 YEARS
              R/AT VILLA NO.4
              JATTIDWARAKAMNI
              ECC ROAD, WHITEFIELD
              BENGALURU - 560 066.
                                                               ...PETITIONER
Digitally
signed by     (BY SRI ADITYA VENUGOPALAN, ADV., FOR
NANDINI M S       SRI T.N. VISWANATHA, ADV.)
Location:
HIGH COURT    AND:
OF
KARNATAKA
              1.   D.B. JATTI
                   S/O LATE DR. D.B. JATTI
                   AGED ABOUT 75 YEARS
                   R/AT VILLA NO.7
                   JATTIDWARAKAMAI
                   ECC ROAD, WHITEFIELD
                   BENGALURU - 560 066.

              2.   JATTI ENGINEERING INDIA PRIVATE LTD
                   A COMPANY INCORPORATED UNDER
                   THE COMPANIES ACT 1956
                   HAVING ITS REGISTERED OFFICE
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                                                    NC: 2025:KHC:40376
                                                WP No. 12977 of 2023


 HC-KAR



     AT SY NO.51, PATTANDUR AGRAHARA
     VILLAGE, BEHIND LOURDS CHURCH
     OUTER CIRCLE, WHITEFIELD
     BENGALURU - 560 066
     REPRESENTED BY ITS MANAGING DIRECTOR
     MRS. LAKSHMI D JATTI.
                                                         ...RESPONDENTS
(BY SRI NISCHAL DEV B.R, ADV., F0R R-1 & R-2)
     THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF THE
LEARNED XTH ADDL. DIST AND SESSIONS JUDGE (COMMERCIAL
COURT), BENGALURU IN COMM.EX.NO.166 OF 2022 AND SET ASIDE
ANNEXURE-G ORDER DTD 27/01/2023 PASSED BY THE LEARNED
XTH ADDL. DIST AND SESSIONS JUDGE (COMMERCIAL COURT)
BENGALURU IN I.A. NO. III IN COMM. EX.NO. 166 OF 2022

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:

CORAM:       HON'BLE MR. JUSTICE S VISHWAJITH SHETTY


                              ORAL ORDER

1. The judgment debtor is before this Court in this writ

petition filed under Article 227 of the Constitution of India

seeking for the following reliefs:-

"i. Call for records of the Learned Xth Additional District and Sessions Judge (Commercial Court), Bengaluru in Comm. Ex. No.166 of 2022;

ii. Set aside Annexure-G order dated 27.01.2023 passed by the learned Xth Additional District and Sessions JudgeCommercial Court), Bengaluru in I. A. No. III in Comm. Ex. No. 166 of 2022;

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iii. Set aside Annexure-G order dated 27.01.2023 passed by the learned Xth Additional District and Sessions Judge (Commercial Court), Bengaluru in I. A. No. IV in Comm. Ex. No. 166 of 2022;

iv. Allow Annexure- G application of the Petitioner and keep the execution proceedings in Comm. Ex. No. 166 of 2022 until orders are passed in Com. A. P. No. 111 of 2021;

v. to grant such other and incidental reliefs as this Hon'ble court may deem fit, just and necessary in the peculiar facts and circumstances of this case; and

vi. to allow this Commercial Application with costs to the Petitioner."

2. Heard the learned counsel for the parties.

3. Decree holders had filed Commercial Execution Case

No.166/2022 before the Court of X Additional District Sessions

Judge (Commercial Court), Bengaluru for executing the Award

dated 22.03.2021 passed in AC No.187/2019. In the said

proceedings, the judgment debtor had filed IA No.4 under

Order XXI Rule 26 read with Section 151 of CPC with a prayer

to stay the execution proceedings. The said application was

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dismissed vide the order impugned. Being aggrieved by the

same, judgment debtor is before this Court.

4. Order XXI Rule 26 of CPC reads as follows:-

"26. When Court may stay execution.- (1) the Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto.

(2) Where the property or person of the judgment-

debtor has been seized under an execution, the Court which issued the execution may order the restitution of such property or the discharge of such person pending the result of the application.

(3) Power to require security from, or impose conditions upon, judgment-debtor-Before making an order to stay execution, or for the restitution of

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property or the discharge of the judgment-debtor, the Court shall require such security from, or impose such conditions upon, the judgment-debtor as it thinks fit."

5. In the case on hand, it is brought to the notice of this

Court that as against the Award passed in AC No.187/2019,

which is sought to be executed by the Decree Holders, the

judgment debtor had filed Commercial Appeal No.111/2021 and

the same was dismissed on merits on 20.09.2023. Assailing the

order passed in Commercial Appeal No.111/2021, the judgment

debtor has preferred a second appeal in Commercial Appeal

No.456/2023 before this Court, which is pending consideration.

6. Learned counsel for the petitioner has fairly submitted

that in Commercial Appeal No.456/2023 he has already filed an

application seeking stay of the award passed in AC

No.187/2019.

7. Rule 26 of Order XXI of CPC can be invoked in a case to

enable the judgment debtor to file necessary application before

the Appellate Court to stay the execution or for any other order

relating to the decree or execution. In the case on hand, IA

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No.4 was filed when the first appeal in Commercial Appeal

No.111/2021 was pending consideration. As on this date,

Commercial Appeal No.111/2021 has already been disposed off

on merits and undisputedly, second appeal in Commercial

Appeal No.456/2023 is pending consideration before this Court

and in the said appeal, an application is already filed seeking

stay of the Award passed in AC No.187/2019. Therefore, I do

not find any merit in this petition. Accordingly, the petition is

dismissed.

Sd/-

(S VISHWAJITH SHETTY) JUDGE

DN