Karnataka High Court
Sri. N. Yogesh vs Gayathri Education Society (Regd) on 15 October, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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WP No. 38665 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 38665 OF 2019 (GM-CPC)
BETWEEN:
1. SRI. N. YOGESH,
S/O NAGARAJACHAR P,
AGED ABOUT 37 YEARS,
RESIDING AT NO.149,
1ST CROSS, KARNATAKA LAYOUT,
KURUBARAHALLI CIRCLE,
MAHALAKSHMIPURAM,
BENGALURU - 560 086.
2. SMT.SHWETA Y,
W/O N. YOGESH,
AGED ABOUT 36 YEARS,
RESIDING AT NO.149,
1ST CROSS, KARNATAKA LAYOUT,
KURUBARAHALLI CIRCLE,
Digitally signed MAHALAKSHMIPURAM,
by KAVYA R BENGALURU - 560 086.
Location: High
Court of ...PETITIONERS
Karnataka (BY SRI. PADMANABHA R., ADVOCATE)
AND:
GAYATHRI EDUCATION SOCIETY (REGD)
WEST OF CHORD ROAD,
2ND STAGE, MAHALAKSHMIPURAM,
BENGALURU - 560 086.
REPRESENTED BY ITS SECRETARY
SMT. KRISHNAVENI,
W/O NAGARAJACHAR N.
...RESPONDENT
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WP No. 38665 of 2019
HC-KAR
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. SUMANTH KUMAR S PATIL., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 14.08.2019 ON IA NO.2 AND 3 PASSED IN
MISCELLANEOUS PETITION NO.17/2019 BY THE VI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU
CITY [CCH-11] VIDE ANNEXURE-J AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
This writ petition under article 227 of the Constitution
of India is filed by defendants seeking for the following
reliefs:
"WHEREFORE, it is respectfully prayed that, this
Hon'ble Court may be pleased to;
(1) Pass a writ in the nature of certiorari and quash
the Impugned order dated 14.08.2019 on I.A. No.2 &
3 passed in Miscellaneous Petition No.16/2019, by the
VI Additional City Civil & Sessions Judge, Bengaluru
City (CCH-11) vide Annexure-J;
(ii) And consequently allow I.A.No.2 filed by the
petitioners under Section 151 of CPC in Miscellaneous
Petition No.16/2019 seeking stay of ex-parte
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judgment and decree dated 20.08.2018 passed in
O.S.No.620/2018;
(iii) Pass such other orders/reliefs by allowing this writ
petition in the ends of justice and equity.
2. Heard the learned counsel for the parties.
3. Respondent herein had filed O.S.No.620/2018
against the petitioners herein with a prayer for judgment
and decree against the defendants restraining them from
entering the suit schedule premises pending disposal of
the inquiry initiated against them and also restraining
them from collecting the fees from the students, a decree
of mandatory injunction directing the defendants to hand
over the original records of fixed deposit receipts and
other documents of the society was also sought in the said
suit. The defendants were placed ex-parte in the said suit
and the Trial Court decreed the suit by judgment and
decree dated 20.08.2018. Challenging the ex-parte
judgment and decree dated 20.08.2018 passed in
O.S.No.620/2018, defendants had filed Misc.No.16/2019
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before the Trial Court under Order IX Rule 13 of CPC with
a prayer to set aside the ex-parte judgment and decree
passed in O.S.No.620/2018 and restore the original suit on
file. In the said proceedings I.A.No.2 was filed with a
prayer to stay the judgment and decree dated 20.08.2018
passed in O.S.No.620/2018 and the Trial Court while
issuing notice in Misc.No.16/2019 by order dated
03.01.2019 had granted an ad interim stay of the
judgment and decree passed in O.S.No.620/2018.
4. After the respondent had entered appearance in
Misc.No.16/2019, I.A.No.3/2019 was filed under Section
151 of CPC with a prayer to vacate the ad interim order of
stay dated 03.01.2019 and the prayer made in the said
application was opposed by the petitioners herein by filing
objections. The Trial Court vide order impugned dated
14.08.2019 had rejected I.A.No.2 and had allowed
I.A.No.3 and being aggrieved by the same, the petitioners
are before this Court.
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5. Learned Counsel for the petitioners having
reiterated the grounds urged in this petition submits that
this Court after hearing both the parties, on 26.08.2019
has stayed the judgment and decree dated 20.08.2018
passed in O.S.No.620/2018 and the said interim order is
operating till date. He submits that the judgment and
decree passed in O.S.No.620/2018 is an ex-parte decree.
During the pendency of the Miscellaneous case filed under
order IX Rule 13 of CPC, if the ex-parte judgment and
decree is sought to be executed, the petitioners will put to
hardship.
6. Per contra, learned senior counsel appearing for
the respondent submits that interim order granted by this
Court staying the operation of the judgment and decree
dated 20.08.2018 passed in O.S.No.620/2018 may be
continued till the disposal of Misc.No.16/2019 and the Trial
Court may be directed to expeditiously dispose of
Misc.No.16/2019.
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7. The said submission is placed on record.
8. Accordingly, the following:
ORDER
(i) The writ Petition is partly allowed.
(ii) The impugned order dated 14.08.2019
passed on I.A.Nos.2 and 3 in Misc.No.16/2019
by the Court of VI Additional City Civil and
Sessions Judge, Bengaluru is set aside.
(iii) The judgment and decree dated
20.08.2018 passed in O.S.No.620/2018 shall
remain stayed till the disposal of
Misc.No.16/2019 by the Court of VI Additional
City Civil and Sessions Judge, Bengaluru.
(iv) It is needless to state that since
miscellaneous petition is of the year 2019,
endeavors shall be made by the Trial Court to
dispose of Misc.No.16/2019 as expeditiously as
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possible without granting unnecessary
adjournment to any one of the parties.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
CT-SG
