Karnataka High Court
WP/24573/2026 of SRI VELUSWAMY Vs SRI CHEMMOTH ANTHONY MATHEW on 29 August 2026
CNR: KAHC010535742026 NC: 2026:KHC:47209 WP No. 24573 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24573 OF 2026 (GM-CPC) BETWEEN: SRI. VELUSWAMY, S/O POYYAMOLI, AGED ABOUT 52
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 24573 OF 2026 (GM-CPC)
BETWEEN:
SRI. VELUSWAMY,
S/O POYYAMOLI,
AGED ABOUT 52 YEARS,
R/AT NO.211, 3RD MAIN, 4TH CROSS,
CHAMARAJAPET,
BENGALURU - 560 018.
…PETITIONER
(BY SRI. RAMESH CHANDRA., ADVOCATE)
AND:
SRI. CHEMMOTH ANTHONY MATHEW,
S/O CHEMMOTH PAPPY ANTONY,
AGED ABOUT 67 YEARS,
R/AT NO.48, 4TH MAIN ROAD,
SBM COLONY,
ANANDANAGAR,
HEBBAL,
BENGALURU - 560 024.
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
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ALSO AT
NO.23, AT SY.NO.38, GROUND FLOOR,
SHANTHAKUMAR LAYOUT,
CHEEMSANDRA VILLAGE,
VIRGONAGAR POST,
BIDARAHALLI HOBLI,
BENGALURU – 560 049.
…RESPONDENT
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
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ORDER
DATED 11.06.2026 NOTICE ISSUED TO THE RESPONDENT IN EXECUTION PETITION NO.17/2026 AS PER ANNEXURE - A ON THE FILE OF THE COURT OF THE CIVIL JUDGE AND J.M.F.C., KRISHNARAJAPURA.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The learned counsel for the petitioner submits that the present writ petition is filed questioning an order dated 03.07.2026 passed in Ex.No.17/2026 on the file of the learned Civil Judge and JMFC, Krishnarajapura, wherein he filed an
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application to recall the order dated 11.06.2026 to dispense with the issuance of notice.
2. It is submitted that the suit was decreed on 06.04.2026, and the petitioner immediately filed an execution application. The respondents then filed a caveat, and the Court issued a notice. However, under Order 21 Rule 22 of the CPC, issuance of a notice is not necessary when an execution application is filed within two years from the date of the decree. The petitioner filed an application to recall the order issuing notice, but the Court dismissed it without consideration and without application of mind.
3. This Court has perused the order impugned and considered the contentions raised on behalf of the petitioner, considering the fact that the execution proceedings are initiated within two months from the date of judgment and decree. In those circumstances, the notice to respondents is not necessary. In that view of the matter, this Court is passing the following:
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ORDER
i. Accordingly, the writ petition is allowed.
ii. The order impugned dated 03.07.2026 passed in Ex.No.17/2026 on the file of the learned Civil Judge and JMFC., Krishnarajapuram, is set aside and the order dated 11.06.2026 is recalled.
iii. Pending IAs., if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
BH List No.: 1 Sl No.: 29