IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3796 OF 2022 (GM-CPC)

BETWEEN:

SRI VENKATESH G S/O SRI GANGAPPA AGED ABOUT 44 YEARS R/AT SRIRAMAPURA VILLAGE YELAHANKA HOBLI BENGALURU NORTH TLAUK BENGALURU - 560 064 PRESENTLY AT WARD NO.4 BEHIND DOCTOR PATHI HOUSE MUSTOOOR ROAD PRANSANTH NAGAR CHIKKABALLAPUR TOWN - 562 101.

…PETITIONER (BY SRI RAGHAVENDRA N.R, ADV.)

AND:

Digitally signed SMT. PADMAMMA by NANDINI M W/O RAVI KUMAR S AGED ABOUT 45 YEARS Location: HIGH R/AT NO.61, NEAR MARIYAMMA TEMPLE COURT OF SRIRAMAPURA VILLAGE JAKKUR POST KARNATAKA YELAHANKA HOBLI, BENGALURU - 560 064.

REP BY GPA HOLDER SRI RAVI KUMAR S/O BUDDANNA AGED ABOUT 52 YEARS R/AT NO.61, NEAR MARIYAMMA TEMPLE SRIRAMAPURA VILLAGE JAKKUR POST, YELAHANKA HOBLI BENGALURU - 560 064.

…RESPONDENT (BY SRI NARENDRABABU H.L, ADV., FOR SRI B.S. NATARAJU, ADV.)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.5.1.2022 PASSED BY THE XXIII ADDITIONAL SMALL CAUSES JUDGE BENGALURU SCCH-25 IN EXE PET NO.125/2019 AS PER ANNEXURE-F.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Petitioner who is the judgment-debtor is before this Court in this writ petition filed under Article 227 of the Constitution of India assailing the order dated 05.01.2022 passed on a memo filed by him in Execution No.125/2019 by the Court of XXIII Addl. Small Causes Judge, Bengaluru.

2. Heard the learned Counsel for the parties.

3. Suit in S.C.No.370/2018 was filed by the respondent herein before the jurisdictional Civil Court at Bengaluru, and the said suit was decreed on 23.10.2018 directing the petitioner herein/defendant to vacate and hand over the vacant possession of the suit property within one month from the date of the decree, failing which liberty was granted to the respondent herein to take possession of the suit property through the process of the court. The defendant was also held liable to pay arrears of rent of Rs.53,900/- and damages at the rate of Rs.7,700/- per month from the date of the suit till handing over actual possession of the suit property to the plaintiff. It was further observed that defendant is entitled for set-off of Rs.1,00,000/- paid by him as security deposit amount at the time of rental agreement.

4. Since the defendant had failed to hand over vacant possession of the suit property in compliance of the decree passed in S.C.No.370/2018, execution proceedings in Execution No.125/2019 was initiated by the decree-holder and in the said proceedings, application seeking permission to break open the lock with the assistance of the jurisdictional police was filed, and the said application was allowed by the Executing Court and on 19.07.2019, the execution of delivery warrant was reported to the court by the bailiff along with a spot mahazar. The bailiff had also enclosed an inventory list along with the spot mahazar.

5. According to the petitioner herein, on 21.09.2017, the plaintiff had barged into the suit property and had thrown him out and also had not permitted him to collect the movables which were inside the suit schedule premises. He, therefore, had approached the police to file a complaint, but since the jurisdictional police had refused to receive the police complaint, he had forwarded the said complaint to the police through post, and accordingly he had produced the endorsement dated

30.01.2021 along with the memo.

6. The Executing Court vide the order impugned having directed the judgment-debtor to deposit the arrears of rent and damages in compliance of the decree passed in S.C.No.125/2019, had directed the decree-holder to hand over Item nos.1 to 18 mentioned in the bailiff report to the custody of the judgment-debtor.

7. Perusal of the material on record would go to show that there is no prima fac