Dismissed

M/S Kassturi Enterprises v. Tumkur Merchants Credit

Karnataka HC20 Feb 2026WP/38091/2025

Case brief

AI extract

What is this about?

The High Court of Karnataka, by a non-speaking order, dismissed two writ petitions filed to set aside orders of attachment of the petitioner's property. The petitions were dismissed for non-compliance with an interim direction dated 09.02.2026 to deposit an additional sum of Rupees 30,00,000/- to respondents.

What did the court decide?

Petitions dismissed for non-compliance with direction to deposit Rs. 30,00,000/- by 20.02.2026.

M/S Kassturi Enterprises Vs Tumkur… — Civil Procedure and Limitation | Karnataka HC (2026)

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1 - NC: 2026:KHC:10583 WP No. 38091 of 2025 C/W WP No. 38122 of 2025

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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 20^TH DAY OF FEBRUARY, 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. 38091 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 38122 OF 2025 (GM-CPC)

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IN WP No. 38091/2025

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BETWEEN:

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M/S. KASSTURI ENTERPRISES PROPRIETIX SMT. G.A.SREELAKSHMI W/O SRI. ASHOK KUMAR AGED ABOUT 57 YEARS.

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ASHOK KUMAR G.K S/O G.A KRISHNAMURTHY AGED ABOUT 61 YEARS

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Digitally signed by SHARADAVANI B

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Location: High Court of Karnataka

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BOTH ARE R/AT NO. 103, UPSTAIRS, 3^RD A CROSS, EAST NGEF LAYOUT, KASTURI NAGAR, BENGALURU-43

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…PETITIONERS

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(BY SRI. MALATESH H., ADVOCATE)

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AND:

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TUMKUR MERCHANTS CREDIT CO OPERATIE LIMITED VEERASHAIVA KALYANA MANTAPA BUILDING FIRST FLOOR, JC ROAD,

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2 - NC: 2026:KHC:10583 WP No. 38091 of 2025 C/W WP No. 38122 of 2025

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HC-KAR

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TUMKUR-572101 HAVING ITS BRANCH AT #581 AND 582, AMRITHVAHINI COMPLEX, AVENUE ROAD, BENGALURU-02. REP/BY ITS MANAGER SRI. JANARDHAN B.L S/O LATE LAKSHMAIAH, AGED ABOUT 38 YEARS.

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KUM. MONISHA G.A D/O SRI. ASHOK KUMAR G.K AGED ABOUT 41 YEARS #103, UPSTAIRS, 3^RD A CROSS, EAST NGEF LAYOUT, KASTURI NAGAR, BENGALURU-43

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…RESPONDENTS

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(BY SRI.AKKI MANJUNATH GOWDA.K., ADVOCATE FOR C/R1)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE ORDER DATED 24-11-2025 PASSED ON 1.A.NO.1 IN EX. PETITION NO.504/2024, ORDER OF ATTACHMENT OF THE SCHEDULE PROPERTY OF THE PETITIONER, PENDING IN THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, CHITHRADURGA, PRODUCED AS ANNEXURE-A AND ETC.

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IN WP NO. 38122/2025

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BETWEEN:

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SRI ASHOK KUMAR G K S/O G.A KRISHNAMURTHY AGED ABOUT 61 YEARS #103, UPSTAIRS, 3^RD A CROSS, EAST NGEF LAYOUT,

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3 - NC: 2026:KHC:10583 WP No. 38091 of 2025 C/W WP No. 38122 of 2025

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HC-KAR

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KASTURI NAGAR, BENGALURU-43

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...PETITIONER

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(BY SRI. MALATESH H., ADVOCATE)

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AND:

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TUMKUR MERCHANTS CREDIT CO OPERATIE LIMITED VEERASHAIVA KALYANA MANTAPA BUILDING, FIRST FLOOR, JC ROAD, TUMKUR-572101 HAVING ITS BRANCH AT #581 AND 582, AMRITHVAHINI COMPLEX, AVENUE ROAD, BENGALURU-02. REP/BY ITS MANAGER SRI. JANARDHAN B.L S/O LATE LAKSHMAIAH, AGED ABOUT 38 YEARS REG. UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960

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SMT. SREELAKSHMI G.A W/O ASHOK KUMAR G.K AGED ABOUT 56 YEARS NO 103, UPSTAIRS, 3^RD A CROSS, EAST NGEF LAYOUT, KASTURI NAGAR, BENGALURU-43

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VENKATARATHNAIAH SETTY S/O MAKAM RATHNAIAH SETTY AGED ABOUT 74 YEARS NO 4, SRI. LAKSHMI VENKATESHWARA NILAYA, OPP. MARAMMA TEMPLE TO MEI LAYOUT ROAD, 6TH CROSS,

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4 - NC: 2026:KHC:10583 WP No. 38091 of 2025 C/W WP No. 38122 of 2025

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HC-KAR

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LAKSHMINARASIMHAIAH EXTENSION, BAGALAGUNTE, NAGASANDRA POST BENGALURU-73.

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KUM. MONISHA G.A D/O SRI. ASHOK KUMAR G.K AGED ABOUT 41 YEARS NO 103, UPSTAIRS, 3^RD A CROSS, EAST NGEF LAYOUT, KASTURI NAGAR, BENGALURU-43

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...RESPONDENTS

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(BY SRI.AKKI MANJUNATH GOWDA, ADVOCATE FOR C/R1 V/O/DT:16.12.2025, NOTICE TO R2 TO R4 IS D/W)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 24.11.2025 PASSED ON IA O. 1 IN EX PETITION NO. 503/2024, ORDER OF ATTACHMENT OF THE SCHEDULE PROPERTY OF THE PETITIONER PENDING IN THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE CHITRADURGA PRODUCED AS ANNX-A.

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THESE PETITIONS, COMING ON FOR PRELIMINARY

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HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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5 - NC: 2026:KHC:10583 WP No. 38091 of 2025 C/W WP No. 38122 of 2025

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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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In W.P.No.38091/2025, the petitioners seek the following

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reliefs:

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"(a) Set-aside the order dated 24.11.2025 passed on I.A.No.1 in Ex.Petition No.504/2024, order of attachment of the schedule property of the petitioner, pending in the file of Prl. District & Sessions Judge, Chithradurga, produced as as Annexure-'A'.

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(b) Grant such other and further reliefs as this Hon'ble may deem fit to grant under the circumstances of the case, in the interest of justice and equity."

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In W.P.No.38122/2025, the petitioner seeks the

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following reliefs:

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"(a) Set-aside the order dated 24.11.2025 passed on I.A.No.1 in Ex.Petition No.503/2024, order of attachment of the schedule property of the petitioner, pending in the file of Prl. District & Sessions Judge, Chithradurga, produced as as Annexure-'A'.

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(b) Grant such other and further reliefs as this Hon'ble may deem fit to grant under the circumstances of the case, in the interest of justice and equity."

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When the matters came up before this Court on

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19.01.2026, this Court passed the following interim order:

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6 - NC: 2026:KHC:10583 WP No. 38091 of 2025 C/W WP No. 38122 of 2025

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HC-KAR

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"Learned counsel for the petitioners has handed over four demand drafts bearing No.336548, 336547, 336557 and 336561, dated 22.12.2025, 22.12.2025, 13.01.2026 and 17.01.2026, respectively, for a total sum of Rs.10 Lakhs to the learned counsel for the respondents, who acknowledges the said amount from the petitioner without prejudice to their rights and contentions and also subject to the final outcome of these petitions.

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Re-list on 09.02.2025 for Preliminary Hearing.

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In the meanwhile, the Executing Court is directed to adjourn the proceedings before it to a date beyond 09.02.2026."

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3. Subsequently, on 09.02.2026, this Court passed the

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further interim order:

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"Learned counsel for the petitioners submits that the petitioners would pay an additional sum of ₹30,00,000/- (Rupees Thirty Lakh only) in relation to both the petitions to the respondent-Bank on or before the next date of hearing.

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The aforesaid submission is placed on record.

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Re-list on 20.02.2026.

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It is made clear that in the event, the petitioners do not pay the aforesaid sum of ₹30,00,000/- (Rupees Thirty Lakh only) to the respondent- Bank on or before the next date of hearing, both the petitions would stand automatically dismissed without further orders and without reference to Bench."

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7 - NC: 2026:KHC:10583 WP No. 38091 of 2025 C/W WP No. 38122 of 2025

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HC-KAR

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The aforesaid interim order dated 09.02.2026

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passed by this Court has not been complied with by the petitioners who have not deposited a sum of Rs.30,00,000/- as directed by this Court in the said order.

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In view of the aforesaid peremptory order dated

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09.02.2026 passed by this Court, I am left with no option but to dismiss the present petitions.

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The petitions are accordingly dismissed .

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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List No.: 1 Sl No.: 6

M/S Kassturi Enterprises v. Tumkur Merchants Credit

Case brief

What is this about?

What did the court decide?

M/S Kassturi Enterprises v. Tumkur Merchants Credit

Case brief

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What did the court decide?

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