Karnataka High Court
WP/23362/2026 of SRI KHALEEL T K Vs SRI M K VINOD on 12 August 2026
CNR: KAHC010513772026 NC: 2026:KHC:42913 WP No. 23362 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23362 OF 2026 (GM-CPC) BETWEEN: SRI KHALEEL T K AGED ABOUT 63 YEARS S/O. LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 23362 OF 2026 (GM-CPC)
BETWEEN:
SRI KHALEEL T K
AGED ABOUT 63 YEARS
S/O. LATE ABDULLA
R/AT. SOOFI HOUSE, ACHARATH ROAD,
THALASSERY, TEMPLE GATE,
KANNUR DISTRICT
KERALA STATE - 670 102
…PETITIONER
(BY SRI. ANIRUDH CHAMUNDA, ADVOCATE)
AND:
SRI M K VINOD
AGED ABOUT 50 YEARS
S/O. A. KUSHALAPPA
R/AT. LAXHMI KRUPA,
SUDHARSHAN EXTENT,
MADIKERI, KODAGU - 571 201
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER DATED 17-03-2026 PASSED BY THE
HON'BLE SENIOR CIVIL JUDGE AND JMFC, SOMVARPET AT
ANNEXURE A ETC.
Digitally signed
by SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
The present writ petition is filed seeking the following prayers: “a, Issue a writ of Certiorari or any other appropriate Writ setting aside the impugned order dated 17-03-2026 @ Annexure A passed by the Hon'ble Senior Civil Judge and JMFC, Somvarpet in Ex. No. 3/2024 on I.A. No. 5 filed under Order XXI Rule 26 @ Annexure A; b. Consequently, allow the I.A. No.5 @Annexure G filed under Order XXI Rule 26 filed in Ex. No. 3/2024 on the file of Hon'ble Senior Civil Judge and JMFC, Somvarpet and stay all further proceedings in Ex. No. 3/2024; and/or
c. Pass any such other orders as this Hon'ble Court deems fit in the interest of justice and equity.”
2. The petitioner was placed ex parte, and an ex parte judgment and decree were passed on 16.11.2023. Thereafter,
HC-KAR
the respondent initiated execution proceedings by filing an Execution Petition No. 3/2024. The petitioner subsequently filed a Misc.No.5/2025 seeking to set aside the ex parte judgment and decree dated 16.11.2023 and to stay the execution proceedings. The Executing Court observed that there was no order of stay in the miscellaneous petition.
3. Learned counsel for the petitioner submits that the petitioner has already filed a miscellaneous petition and seeks permission to withdraw the present petition, with liberty to file an appropriate application in the said miscellaneous petition.
4. Considering the submissions made by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn, with liberty to the petitioner to raise all the grounds before the concerned Court.
5. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 4