Mr M B Basavaraj Vs M/S Bhandari Builders Private… — Writ and Judicial Review | Karnataka HC (2026)

Mr M B Basavaraj Vs M/S Bhandari Builders Private… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of on settlement terms: petitioner No.1 to pay balance of Rs. 27,28,177/- in installments as per affidavit dated 07.07.2026 (made part of the order); respondent-decree holder permitted to withdraw Rs. 5,00,000/- deposited in the Executing Court along with interest, if any; liberty reserved to the decree holder to proceed against the judgment debtors in accordance with law, including execution as per the original decree, in case of default.

Issue for consideration

Whether the order dated 02.11.2022 passed in Ex.P.No.1569/2019 on an application under Order XXI Rule 43 read with Section 151 CPC by the LXXXIV Addl. City Civil and Sessions Judge, Bengaluru, ought to be quashed. +1 more

Ratio / Principle

The affidavit of petitioner No.1 dated 07.07.2026 is placed on record and shall be read as part and parcel of the order.

Key takeaways

In view of the aforesaid affidavit recording the settlement and payment undertaking, the writ petition is disposed of.ratio¶43
The amount of Rs. 5,00,000/- deposited by the petitioners in the Executing Court is towards the settlement of the claim; the respondent is permitted to withdraw the said amount and the Executing Court shall release it along with interest, if any, digitally by following proper procedure.ratio¶39
If the petitioners fail to adhere to the affidavit undertaking given before the Court, it is open to the respondent-decree holder to proceed against the petitioners-judgment debtors in accordance with law, including recovery of the amount in execution as per the original decree.

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) under Article 227 of the Constitution of India challenging the order dated 02.11.2022 passed by the LXXXIV Addl. City Civil and Sessions Judge (CCH-85), Bengaluru, in Ex.P.No.1569/2019 (execution proceedings) on an application under Order XXI Rule 43 read with Section 151 CPC. The petition was disposed of on the basis of settlement: the affidavit dated 07.07.2026 of petitioner No.1 (Managing Director of the judgment-debtor company) undertaking to pay the balance of Rs. 27,28,177/- in installments was made part and parcel of the order; the respondent-decree holder was permitted to withdraw Rs. 5,00,000/- deposited by the petitioners in the Executing Court together with interest, if any, to be released digitally per proper procedure; and it was observed that on default of the undertaking, the decree holder may proceed against the judgment debtors in accordance with law, including recovery in execution as per the original decree. No precedent was considered.

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NC: 2026:KHC:34038 W.P. No.23516/2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.23516/2022 (GM-CPC)

BETWEEN:

MR. M.B. BASAVARAJ S/O BASAVAN GOWDA AGED ABOUT 56 YEARS MANAGING DIRECTOR NANDI BUILDERS INDIA PRIVATE LIMITED NO.12, 308, 3RD FLOOR RAHEJA CHAMBERS, MUSEUM ROAD BANGALORE - 560001 R/AT NO.418, 2ND FLOOR 12TH MAIN ROAD SADASHIVANAGAR BANGALORE – 560080.

Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

M/S NANDI BUILDERS INDIA PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT 1956 NO.12M 308, 3RD FLOOR RAHEJA CHAMBERS MUSEUM ROAD, BANGALORE - 560001 REP. BY ITS MANAGING DIRECTOR MR. M. BASAVARAJ.

…PETITIONERS

(BY SRI. B. SIDDESWARA, ADV.,)

AND:

M/S BHANDARI BUILDERS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT 1956

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HC-KAR

HAVING REGISTERED OFFICE AT NO.91 NEHRU PLACE, BHANDARI HOUSE NEW DELHI - 110 019 HAVING ADMINISTRATIVE OFFICE AT 1-01, DIAMOND DISTRICT KODIHALLI, AIRPORT ROAD BANGALORE – 560008 REP. BY ITS AUTHORIZED SIGNATORY MR. ATISH KUMAR OJHA.

…RESPONDENT

(BY SRI. VIVEKANANDA S, ADV.,)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM TRIAL COURT AND QUASH THE IMPUGNED ORDER DATED 02.11.2022 PASSED IN EX.P.NO.1569/2019 PASSED ON I.A. UNDER ORDER 21 RULE 43 R/W SECTION 151 OF CPC ON THE FILE OF THE LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-85) VIDE ANNEXURE-A TO THE WRIT PETITION & ETC.

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

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NC: 2026:KHC:34038 W.P. No.23516/2022

HC-KAR

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This petition is filed challenging the order dated 02.11.2022 passed on an application filed under Order XXI Rule 43 read with Section 151 of CPC in Ex.P.No.1569/2019 by the LXXXIV Additional City Civil and Sessions Judge, Bengaluru.

This Court, heard the learned counsel for the petitioners and respondent, on the previous date of hearing it was submitted that there is an element of settlement, hence, the matter is adjourned to today.

Learned counsel for the petitioners-judgment debtors, based on the concession given by the respondent-decree holder with regard to the interest, submits that the petitioners would pay balance of ₹27,28,177/- in installments and to that effect he had filed an affidavit dated 07.07.2026.

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NC: 2026:KHC:34038 W.P. No.23516/2022

HC-KAR

I have perused the affidavit filed by the

petitioner No.1. The affidavit of petitioner No.1 is placed on record and the affidavit shall be read as part and parcel of this order.

Learned counsel for the petitioner submits that

in view of the concession shown by the other side, the petitioners would make the payment as agreed in the affidavit dated 07.07.2026, in installments.

His statement is placed on record.

At this stage, it is submitted that the amount of ₹5,00,000/- deposited by the petitioners in the Executing Court is also towards the settlement of the claim. Hence, the respondent is permitted to withdraw the said amount and the Executing Court shall release the said amount along with the interest, if any, digitally by following proper procedure.

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NC: 2026:KHC:34038 W.P. No.23516/2022

HC-KAR

8. In view of the aforesaid affidavit, this petition is

disposed of .

It is needless to observe that if the petitioners

failed to adhere to the affidavit undertaking given before this Court, it is open for the respondent-decree holder to proceed against the petitioners-judgment debtors in accordance with law including recovery of amount in execution as per the original decree.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

BSR

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