Sri Syed Sadiq Ahmed Vs Sri a T Prakash — Writ and Judicial Review | Karnataka HC (2026)

Sri Syed Sadiq Ahmed Vs Sri a T Prakash — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Setting aside of the execution order dated 24.03.2026 (delivery warrant/attachment) in Com.Ex.No.886/2025, conditional on: deposit of arrears of Rs.3,32,000/- (Rs.2.00 lakhs by the next date of hearing before the executing court and the remaining Rs.1,32,000/- by end of April 2026), continued regular deposit of monthly rents, and vacating the premises on 28.02.2027; on failure to deposit, the impugned order stands restored; possession handover does not prejudice claims under the Will.

Issue for consideration

Whether the order dated 24.03.2026 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru, in Com.Ex.No.886/2025, insofar as it directs issuance of a delivery warrant against the petitioner (judgment debtor), should be quashed/set aside.

Court's answer

The writ petition is allowed and the order dated 24.03.2026 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru, in Com.Ex.No.886/2025 is set aside, in view of the petitioner's undertaking to deposit the rent arrears of Rs.3,32,000/- per the compromise decree and pay monthly rents henceforth.

Ratio / Principle

The petitioner shall deposit Rs.2.00 lakhs by the next date of hearing before the executing court and the remaining Rs.1,32,000/- by the end of April 2026.

Key takeaways

As per the settlement, the petitioner shall vacate the premises on 28.02.2027 and, until then, shall continue to deposit the monthly rents regularly.ratio¶39
Handing over possession pursuant to the settlement will not prejudice the petitioner's right to make any claims on the basis of the unregistered Will in any appropriate suit filed, if any.ratio¶40
If the petitioner fails to deposit the amounts as directed, the order dated 24.03.2026 shall stand restored.

Detailed headnote1 paragraphs

Execution — Delivery warrant/attachment — Compromise decree — Karnataka High Court (Bengaluru), writ petition under Articles 226 & 227 of the Constitution of India (GM-CPC): The order dated 24.03.2026 passed by the LXXXII Additional City Civil and Sessions Judge, Commercial Court (CCH-83), Bengaluru, in Com.Ex.No.886/2025 (arising out of the compromised suit Com.O.S.No.1005/2024, wherein the judgment debtor had disobeyed the settlement conditions), insofar as it directs issuance of a delivery warrant against the petitioner, is set aside. The writ petition is allowed subject to conditions: the petitioner/judgment debtor to deposit the arrears of rent of Rs.3,32,000/- — Rs.2.00 lakhs by the next date of hearing before the executing court and the remaining Rs.1,32,000/- by the end of April 2026 — to continue depositing monthly rents regularly, and to vacate the premises on 28.02.2027 as per the settlement. Handing over possession pursuant to the settlement is stated not to prejudice the petitioner's right to make claims on the basis of the unregistered Will in any appropriate suit. Upon failure to deposit the amounts, the order dated 24.03.2026 shall stand restored. (Oral Order dated 08.04.2026 — H.T. Narendra Prasad, J.)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10964 OF 2026 (GM-CPC)

BETWEEN:

SRI SYED SADIQ AHMED S/O.NAYAZ AHMED AGED ABOUT 42 YEARS R/AT NO. 24. 3^RD CROSS MYSURU ROAD, VINAYAKANAGAR OLD GUDDADAHALLI, BENGALURU - 560 026.

…PETITIONER (BY SRI. KRISHNA MURTHY N., ADVOCATE)

AND:

SRI A T PRAKASH SINCE DEAD REP. BY LEGAL HEIR SRI. A.V. ANANTH KUMAR S/O. A.V. VENKATACHALAPATHY Digitally signed by AGED ABOUT 40 YEARS DHANALAKSHMI R/AT NO. 432, 13^TH CROSS MURTHY 14^TH MAIN, BSK II STAGE Location: HIGH KAVERINAGAR, BENGALURU - 560 070. COURTOF KARNATAKA …RESPONDENT (BY SRI. HALESHA R G., ADVOCATE FOR C/R)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR A WRIT, ORDER OR DIRECTION IN THE NATURE THEREOF, QUASHING THE IMPUGNED ORDER DATED 24.03.2026 PASSED BY THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT (CCH-83), BENGALURU, IN COM EX.NO.886/2025 VIDE ANNEXURE-A ARISING OUT OF COM O.S. NO. 1005/2024, INSOFAR AS IT

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DIRECTS ISSUANCE OF A DELIVERY WARRANT AGAINST THE PETITIONER AND ETC.

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

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

This writ petition is filed under Articles 226 & 227 of

the Constitution of India, challenging the order dated

24.03.2026 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru, in Com.Ex.No.886/2025,

whereby the order of attachment has been passed.

For the sake of convenience, parties are referred to as per their ranking before the trial court.

The respondent herein claims to be the decreeholder, on the basis of a registered Will executed by Late A.T.Prakash, the original decree-holder in the suit.

Since the partiers have settled the matter in Com.O.S.No.1005/2024, and as per the said settlement, the judgment debtor has disobeyed the conditions of the settlement, the respondent herein filed an execution

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petition, on the basis of which, the trial court has passed the impugned order of delivery warrant.

Since, as per the settlement, the petitioner/ judgment debtor has to pay a total sum of Rs.3,32,000/towards rent as on today, learned counsel appearing for the petitioner/judgment debtor submitted that he is ready to deposit the said arrears of rent as per the compromise decree, in a sum of Rs.3,32,000/- and is also ready to pay the monthly rents as per the settlement, henceforth.

In view of the above, the following order is passed:

(i) The writ petition is allowed.

(ii) The order dated 24.03.2026 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru, in Com.Ex.No.886/2025 is hereby set aside.

(iii) The petitioner shall deposit a sum of Rs.2.00 lakhs by the next date of hearing before the executing

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court and the remaining amount of Rs.1,32,000/- by the end of April 2026.

(iv) As submitted by the petitioner, as per the settlement, he shall vacate the premises on 28.02.2027. Till then, he shall continue to deposit the monthly rents regularly.

(v) Handing over the possession pursuant to the settlement will not cause any prejudice to his right to make any claims on the basis of the unregistered Will in any appropriate suit filed, if any.

(vi) If the petitioner fails to deposit the amounts as mentioned above, the order dated 24.03.2026 shall stand restored.

Sd/(H.T. NARENDRA PRASAD) JUDGE

CM LIST NO.: 1 SL NO.: 49