Sri M Srinivas Vs Sri Nandakumar T

SRI M. SRINIVAS, S/O MARIYAPPA, AGED ABOUT 47 YRS, RESIDING AT NO.265(NO.99/1), 2^ND CROSS ROAD, 4^TH MAIN, GANGAPPA BLOCK, GANGANAGAR, BANGALORE – 560 032

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…PETITIONER

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(BY SRI. MANJUNATHA V., ADVOCATE)

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AND:

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

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SRI NANDAKUMAR T., S/O THIMMARAYAPPA, AGED ABOUT 40 YRS, RESIDING AT NO. 18, AMRUTHAHALLI, SHANKARANAGAR POST, SRIRAMPURA MAIN ROAD, OPP., TO MITHUNA WHITE WATER APARTMENTS, YELLOW BUILDING, BENGALURU – 560 092

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…RESPONDENT

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(NOTICE TO RESPONDENT IS DISPENSED WITH)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QHASH THE ORDER DATED 26-11-2025 MADE IN EX PETITION NO.1775/2020 FILED BEFORE THE HON'BLE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU(CCH-3), VIDE ANNEXURE- C 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:4099 WP No. 39550 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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This petition arises out of the execution proceedings in Ex.No.1775/2020 on the file of the XV Additional City Civil and Sessions Judge, Bengaluru (referred to as ‘the Executing Court’ for short).

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Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondent is dispensed with.

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Learned counsel for the petitioner submits that though the petitioner – Judgment Debtor had filed objections before the Executing Court, which had posted the matter for hearing, due to bonafide reasons, unavoidable circumstances and sufficient cause, neither the petitioner nor his counsel could appear before the Executing Court on 26.11.2025, as a result of which, the Executing Court has directed issuance of Attachment of Movable Warrant (AMW) against the petitioner – Judgment Debtor, who is before this Court by way of the present petition.

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NC: 2026:KHC:4099 WP No. 39550 of 2025

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HC-KAR

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It is submitted that if the impugned order is set aside by providing one more opportunity to the petitioner, the petitioner undertakes to appear before the Executing Court on 11.02.2026 and proceed with the matter without seeking any adjournment under any circumstances whatsoever.

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In view of the aforesaid facts and circumstances and

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the undisputed fact that both sides were not present before the Executing Court on 26.11.2025, as can be seen from the order sheet of the Executing Court, which notes that there was no representation, I deem it just and appropriate to adopt a justice oriented approach and set aside the impugned order dated 26.11.2025 directing issuance of Attachment of Movable Warrant (AMW) against the petitioner and dispose of this petition by issuing certain directions.

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In the result, I pass the following:

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ORDER

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i) The petition is hereby disposed of.

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4 - NC: 2026:KHC:4099 WP No. 39550 of 2025

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HC-KAR

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ii) The impugned order dated 26.11.2025 directing issuance of Attachment of Movable Warrant (AMW) against the petitioner – Judgment Debtor is hereby set aside subject to the condition that the petitioner shall appear before the Executing Court on 11.02.2026 and submit arguments without seeking any adjournment on that day under any circumstances whatsoever.

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iii) It is made clear that in the event the petitioner does not appear before the Executing Court on 11.02.2026, the Executing Court shall re-issue Attachment of Movable Warrant (AMW) against the petitioner and proceed further in the matter.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS

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List No.: 1 Sl No.: 41

Sri M Srinivas v. Sri Nandakumar T

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Sri M Srinivas v. Sri Nandakumar T

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