Sri. Tilak Shivkumar, v. Sri. Veerakumar
Case brief
What is this about?
Karnataka High Court, Bengaluru; Lalitha Kanneganti, J.; WP No. 20006 of 2026 (GM-CPC), decided 03.07.2026; execution Ex.No.64/2022 pending since 2022; obstruction petition under Order XXI Rules 97, 99 to 101 r/w Section 151 CPC dismissed for non-prosecution on 09.01.2026; Section 151 CPC application to recall dismissed by order dated 12.06.2026; writ petition allowed on costs of Rs.5,000/-; technical objection based on Order IX Rule 9 CPC miscellaneous petition rejected; decree in OS.No.1761/2016 alleged obtained by fraud; three-month timeline for consideration of the obstruction application; IV Additional Senior Civil Judge, Bengaluru Rural District; Articles 226 and 227 of the Constitution of India.
What did the court decide?
Impugned order dated 12.06.2026 in Ex.No.64/2022 set aside; petitioner's application under Section 151 CPC to set aside the order dated 09.01.2026 allowed on payment of Rs.5,000/- as costs; application under Order XXI Rule 97, 99 to 101 r/w Section 151 CPC to be considered within three months from the next hearing date; petitioner not to seek unnecessary adjournments; writ petition allowed and pending IAs closed.