Karnataka High Court
Mrs Yamuna S Chadaga vs Mr. A Ravishankar Shetty on 19 February, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:10526
WP No. 25490 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 25490 OF 2024 (GM-CPC)
BETWEEN:
1. MRS YAMUNA S CHADAGA
W/O LATE SURESH CHADGA P
67 YEARS
2. MR AVINASH S CHADAGA
S/O LATE SURESH CHADGA P
AGED ABOUT 37 YEARS
3. MR ABHISHEK S CHADAGA
S/O LATE SURESH CHADGA P
AGED ABOUT 35 YEARS
4. MR RAMESH RAO P
S/O LATE SUBB RAO
AGED ABOUT 62 YEARS
Digitally ALL ARE R/AT NO 489/B, 10TH MAIN,
signed by M C LAYOUT, BANGALORE 40
CHANDANA ...PETITIONERS
BM (BY SRI. MAHENDRA GOWDA C R., ADVOCATE)
Location:
High Court AND:
of
Karnataka 1. MR. A. RAVISHANKAR SHETTY
S/O A BALAKRISHNA SHETTY
AGED ABOUT 54 YEARS
KAPILA NO 221, 4TH MAIN,
GANGANAGAR, BANGALORE 30
2. MR B N UMESH
S/O A NARAYANA
NO 54, 3RD MAIN,
GANGANAGAR, BANGALORE 32
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NC: 2026:KHC:10526
WP No. 25490 of 2024
HC-KAR
...RESPONDENTS
(BY SRI.GIRISH R., ADVOCATE FOR
SRI.BIPIN HEGDE, ADVOCATE FOR R1;
VIDE ORDER DATED 17.02.2026
NOTICE TO R2 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-A DTD 16.07.24, PASSED BY THE HONBLE XV ADDL.
CITY CIVIL JUDGE, BANGALORE (CCH-3) ON IA -1 IN EX.NO.
459/2013 AS A CONSEQUENCE THEREOF DISMISS THE IA -1 IN
EX.NO. 459/2013 BEFORE HONBLE XV ADDL. CITY CIVIL JUDGE,
BANGALORE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
This petition by the decree Holder in Ex.No.459/2013 on the file of the XV Additional City Civil and Sessions Judge, Bengaluru (CCH-3) (for short "the Trial Court") is directed against the impugned order passed on IA No.1, whereby the said application filed by the respondents-judgment debtors under Order XXI Rule 2(2) CPC for a direction to the petitioners-decree holders to show cause as to why the execution proceedings should not be closed as the decree was satisfied and allowed by the Executing Court. -3-
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2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that the petitioners-plaintiffs instituted a suit in O.S.No.8298/2001 for ejectment/eviction and arrears of rent and for other reliefs against the respondents-defendants in relation to the suit schedule immovable property. By Judgment and Decree dated 06.09.2007 the said suit was decreed in favour of the petitioner against the respondents, who preferred an appeal in RFA No.2503/2007, which was also dismissed by the Division Bench of this Court vide Judgment and Decree dated 27.02.2009, thereby confirming the Judgment and Decree of the Trial Court. Aggrieved by the said Judgment and Decree passed by the Trial Court and this Court, the respondents approached the Apex Court which dismissed the SLP No.10967/2009, vide Final Order dated 10.02.2012, by granting 18 months time in favour of the respondents-judgment debtors to quit, vacate and deliver vacant possession of the suit schedule premises to the petitioners-decree holders. It is a matter of record and an undisputed fact that in pursuance of aforesaid order passed by the Apex Court in SLP No.10967/2009, the respondents have vacated -4- NC: 2026:KHC:10526 WP No. 25490 of 2024 HC-KAR and handed over possession of the suit schedule premises in favour of the petitioner on 22.08.2013.
4. In the meanwhile, in the aforesaid execution proceedings filed by the petitioners-decree holders against the respondents-judgment debtors, according to the petitioners, the respondents are due in arrears of rent payable by the respondents to the petitioners, while the respondents contend that they are not liable to pay any arrears of rent to the petitioners-decree holders. Under these circumstances, the respondents filed the instant application, IA No.1 seeking closure of the execution proceedings on the ground that the decree was satisfied. The petitioner having filed objections to the said application, the Trial court proceeded to pass the impugned order allowing the application and dismissed the execution petition on the ground that the decree had been fully satisfied. Aggrieved by the impugned order passed by the Trial Court, the petitioners-decree holders are before this Court by way of the present petition.
5. A perusal of the material on record including the impugned order will indicate that there are several contentious issues and disputed questions of law and fact that arise for -5- NC: 2026:KHC:10526 WP No. 25490 of 2024 HC-KAR consideration between the petitioners-decree holders and respondents-judgment debtors in relation to the alleged arrears of rent/rent payable by the respondents-judgment debtors to the petitioners-decree holders, which would necessarily have to be adjudicated upon only after conducting necessary enquiry in this regard. However, despite there being a dispute as regards the amounts allegedly payable by the respondents to the petitioners, the Trial Court clearly fell in error in not conducting necessary enquiry in this regard and by passing the impugned order summarily allowing the application without giving an opportunity to both parties to adduce oral and documentary evidence in support of their respective claims.
6. Under these circumstances, without expressing any opinion on the merit/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and dispose of I.A.No.1 and remit the matter back to the Executing Court for reconsideration of the rival contentions as regards the amounts allegedly payable by the respondents to the petitioners by conducting necessary enquiry and in accordance with law, within a stipulated time frame.
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7. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned order dated 16.07.2024 passed in Ex.No.459/2013 on I.A.No.1 by the XV Additional City Civil and Sessions Judge, Bengaluru (CCH No.3) is hereby set aside.
(iii) Consequently, I.A.No.1 filed by the respondents-
judgment debtors is disposed of by directing the Trial Court to conduct necessary enquiry as regards alleged money/amounts payable, in accordance with law after conducting necessary enquiry and dispose of the execution proceedings within a period of six months from the date of receipt of a copy of this order.
(iv) Both the parties are directed to appear before the Executing Court on 09.03.2026, without awaiting further notice from the Executing Court.
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(v) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 3 Sl No.: 4