Sri Syed Sadiq Ahmed v. Sri A T Prakash

NC:(2026:KHC:19368( WP(No.(10964(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(8 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(10964(OF(2026((GM-CPC)( BETWEEN:(( ,

SRI,SYED,SADIQ,AHMED, S/O.NAYAZ,AHMED, AGED,ABOUT,42,YEARS, RD R/AT,NO.,24.,3 ,,CROSS, MYSURU,ROAD,,VINAYAKANAGAR, OLD,GUDDADAHALLI,,BENGALURU,-,560,026.,

…PETITIONER, (BY,SRI.,KRISHNA,MURTHY,N.,,ADVOCATE),

AND:( , SRI,A,T,PRAKASH,

SINCE,DEAD,REP.,BY,LEGAL,HEIR, SRI.,A.V.,ANANTH,KUMAR, S/O.,A.V.,VENKATACHALAPATHY,

Digitallytisignedtiby AGED,ABOUT,40,YEARS, THDHANALAKSHMI R/AT,NO.,432,,13 ,CROSS, MURTHY TH 14 ,,MAIN,,BSK,II,STAGE, Location:0HIGH KAVERINAGAR,,BENGALURU,-,560,070.,COURTOF …RESPONDENT,KARNATAKA (BY,SRI.,HALESHA,R,G.,,ADVOCATE,FOR,C/R), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE, A,WRIT,OF,CERTIORARI,OR,A,WRIT,,,ORDER,OR,DIRECTION,IN, THE, NATURE, THEREOF,, QUASHING, THE, IMPUGNED, ORDER, DATED,24.03.2026,PASSED,BY,THE,LXXXII,ADDITIONAL,CITY, CIVIL,AND,SESSIONS,JUDGE,,COMMERCIAL,COURT,(CCH-83),, BENGALURU,, IN, COM, EX.NO.886/2025, , VIDE, ANNEXURE-A, ARISING, OUT, OF, COM, O.S., NO., 1005/2024,, INSOFAR, AS, IT,

DIRECTS ISSUANCE OF A DELIVERY WARRANT AGAINST THE PETITIONER AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the order dated

24.03.2026 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru, in Com.Ex.No.886/2025, whereby the order of attachment has been passed.

¶2For the sake of convenience, parties are referred to as per their ranking before the trial court.

¶3The respondent herein claims to be the decree-holder, on the basis of a registered Will executed by Late A.T.Prakash, the original decree-holder in the suit.

¶4Since the partiers have settled the matter in Com.O.S.No.1005/2024, and as per the said settlement, the judgment debtor has disobeyed the conditions of the settlement, the respondent herein filed an execution

petition, on the basis of which, the trial court has passed the impugned order of delivery warrant.

¶5Since, as per the settlement, the petitioner/ judgment debtor has to pay a total sum of Rs.3,32,000/- towards rent as on today, learned counsel appearing for the petitioner/judgment debtor submitted that he is ready to deposit the said arrears of rent as per the compromise decree, in a sum of Rs.3,32,000/- and is also ready to pay the monthly rents as per the settlement, henceforth.

¶6In view of the above, the following order is passed:

(i) The writ petition is allowed.

(ii) The order dated 24.03.2026 passed by the LXXXII Additional City Civil and Sessions Judge, Bengaluru, in Com.Ex.No.886/2025 is hereby set aside.

(iii) The petitioner shall deposit a sum of Rs.2.00 lakhs by the next date of hearing before the executing

court and the remaining amount of Rs.1,32,000/- by the end of April 2026.

(iv) As submitted by the petitioner, as per the settlement, he shall vacate the premises on 28.02.2027. Till then, he shall continue to deposit the monthly rents regularly.

(v) Handing over the possession pursuant to the settlement will not cause any prejudice to his right to make any claims on the basis of the unregistered Will in any appropriate suit filed, if any.

(vi) If the petitioner fails to deposit the amounts as mentioned above, the order dated 24.03.2026 shall stand restored.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

CM LIST NO.: 1 SL NO.: 49