Disposed

Ranjan B E v. Smt. Lalitha Utaiah

Karnataka HC27 Jan 2026WP/4/2026

Case brief

AI extract

What is this about?

Writ petition challenging an executing court's order issuing a delivery warrant in execution proceedings was withdrawn on a memo by counsel. The High Court directed the Executing Court to decide the petitioner's pending Order XXI Rule 58 CPC application within one month, leaving all contentions open.

What did the court decide?

Petition disposed of as withdrawn with liberty to challenge further orders; Executing Court directed to decide Order XXI Rule 58 CPC application within one month.

Ranjan B E Vs Smt. Lalitha Utaiah — Execution and Attachment | Karnataka HC (2026)

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NC: 2026:KHC:4276 WP No. 4 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 4 OF 2026 (GM-CPC)

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BETWEEN:

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RANJAN B.E SON OF BATTERA ERAPPA POOVAMMA, AGED ABOUT 48 YEARS RESIDING AT NO. 2161, BHAVNI STREET, 8TH CROSS, KUVEMPU NAGARA, BANGALORE - 560 016.

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…PETITIONER

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(BY SRI. NISHAN G.K, ADVOCATE)

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AND:

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SMT. LALITHA UTAIAH WIFE OF SRI. ITICHANDA S. UTHAIAH AGED ABOUT 49 YEARS RESIDING AT BOIKERI VILLAGE VIRAJPETE TALUK, KODAGU DISTRICT - 571 218.

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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SMT. K RADHA AIYANNA WIFE OF SRI. KALLICHANDA AIYANNA AGED ABOUT 45 YEARS RESIDING AT NO.685, 3RD MAIN OMBR LAYOUT, BANASAVADI, BENGALURU - 560 043.

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…RESPONDENTS

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(BY SRI. M.V. VEDACHALA, ADVOCATE FOR R1 AND R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.11.2025 IN EX. NO. 6/2025 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND CJM, MADIKERI (ANNX-A) AND ETC.,

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

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NC: 2026:KHC:4276 WP No. 4 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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Sri M V Vedachala, learned counsel accepts notice for respondent Nos.1 and 2.

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This petition is directed against the impugned order dated 07.11.2025 passed in Ex.No.6/2025, whereby the Executing Court directed issuance of delivery warrant as sought for by the respondent decree holder.

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After arguing the matter for sometime learned counsel for the petitioner has filed a memo seeking withdrawal of the petition as hereunder.

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The said memo reads as under :

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The undersigned counsel craves leave this Hon'ble Court to withdraw the matter, with liberty to challenge any further orders passed against the petitioner in Execution No.06/2025 pending on the file of the Senior Civil Judge and CJM, Madikeri, in the interest of justice and equity.

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Learned counsel for the respondent Nos.1 and 2

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decree holders submits that during the pendency of the present petition, the petitioner has filed an application under Order XXI

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NC: 2026:KHC:4276 WP No. 4 of 2026

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HC-KAR

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Rule 58 CPC, to which the respondents No.1 and 2 have filed objections and the said application is pending consideration before the Executing Court, which may be directed to dispose of the said application within a stipulated time frame.

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The memo filed by the petitioner and the submission made by the learned counsel for the respondent are both placed on record. Accordingly, the petition stands disposed of as withdrawn as sought for by the petitioner. In addition thereto the Executing Court before whom the execution proceedings are posted on 31.01.2026 is directed to consider and pass appropriate orders on the application filed by the petitioner under Order XXI Rule 58 CPC within a period of one month from 31.01.2026. Subject to the aforesaid directions and leaving open all contentions to be urged by the parties before the Executing Court, petition stands disposed of as withdrawn.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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YKL List No.: 1 Sl No.: 27

Ranjan B E v. Smt. Lalitha Utaiah

Case brief

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Ranjan B E v. Smt. Lalitha Utaiah

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