Full Judgment Text
- 1 -
NC: 2026:KHC:10934
WP No. 5730 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 20 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 5730 OF 2026 (GM-CPC)
BETWEEN:
HEMANTH KUMAR B S
S/O SREENIVASIAH,
AGED ABOUT 46 YEARS,
RD
R/AT, NO.120, 3 CROSS,
GKW LAYOUT, VIJAYANAGAR,
BENGALURU – 560 040.
…PETITIONER
(BY SRI. GOURAV.G.K, ADVOCATE AND
SMT. ANUSHA NANDISH, ADVOCATE)
AND:
1. SRI SRINIVASA V M
S/O LATE SRI. K MEENAKSHI SUNDARAM,
AGED ABOUT 57 YEARS,
TH
R/AT, NO.269, 4 MAIN ROAD,
TH
8 CROSS, HANUMANTHANAGAR,
BENGALURU – 560 019.
2. M/S ELEGANCE COMPONENTS
NO.9, KRISH TOWERS,
SRINIVASPURA CROSS,
TH
BEML LAYOUT, 10 STAGE,
CHENNASANDRA VILLAGE,
RR NAGAR HOBLI,
BENGALURU – 560 098.
3. SRI. VINAY GANGADHARA,
PARNTER AND AUTHORISED SIGNATORY,
M/S ELEGANCE COMPONENTS
AGED ABOUT 43 YEARS,
NO.9, KRISH TOWERS,
Digitally
signed by
CHANDANA
B M
Location:
High Court
of
Karnataka
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WP No. 5730 of 2026
HC-KAR
SRINIVASPURA CROSS,
TH
BEML LAYOUT 10 STAGE,
CHENNASANDRA VILLAGE,
RR NAGAR HOBLI,
BENGALURU 560 098.
4. SMT. MAMATHA VINAYA,
PARTNER, M/S ELEGANCE COMPONENTS,
W/O SRI VINAY GANGADHAR,
AGED ABOUT 37 YEARS,
SRINIVASPURA CROSS,
TH
BEML LAYOUT 10 STAGE,
CHENNASANDRA VILLAGE,
RR NAGARA,
BENGALURU 560098.
PERMANENT ADDRESS OF
RESPONDENT NO.3 & 4
FLAT NO.318, DECCAN ARCADE,
RD
23 MAIN, BEML LAYOUT, V STAGE,
BENGALURU - 560 098.
5. SRI. VENKATESH PRASAD R,
S/O RAJANNA,
NO.20, JYOTHIRADITYA'
BEFORE TALAKAVERI LAYOUT,
NEAR SHIVAPRAKRUTHI APARTMENT,
AMRUTHAHALLI,
BENGALURU – 560 092.
6. SRI. R SHARAN,
S/O C RAGHUPATHY,
R/AT, NO.381/1,
C RAGHUPATHY BUILDING,
AGED ABOUT 32 YEARS,
OPP VINAYAKA TEMPLE,
VIBUTHIPURA MAIN ROAD,
HAL POST, BENGALURU 560 017.
7. LIC HOUSING FINANCE LIMITED
15/1, II FLOOR, HAYES COURT,
HAYES ROAD, SHANTHALA NAGAR,
ASHOK NAGAR,
BENGALURU – 560 025.
…RESPONDENTS
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NC: 2026:KHC:10934
WP No. 5730 of 2026
HC-KAR
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE EXECUTING
COURT TO PASS AN ORDER HOLDING THAT THE AUCTION SALE OF
THE SCHEDULE PROPERTY CONDUCTED ON 17.10.2025 AS ABSOLUTE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
“ a) Issue appropriate Writ or Order directing the
Executing Court to pass an order holding that the Auction
Sale of the Schedule Property conducted on 17.10.2025 as
absolute.
b) Issue appropriate Writ or Order directing the
Executing Court to issue Sale Certificate concerning the
Schedule Property in favor of the Petitioner.
c) This Hon'ble Court may grant any other
appropriate relief as this Hon'ble Court deems fit in the
interest of Equity and Justice.”
2. Heard learned counsel for the petitioner and perused
the material on record.
3. After arguing the matter for sometime, learned counsel
for the petitioner submits that the present petition may be disposed
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WP No. 5730 of 2026
HC-KAR
of as withdrawn reserving liberty in favour of the petitioner to file
appropriate application in the instant execution proceedings in
Ex.No.684/2025, which is posted on 07.03.2026, which may be
directed to be disposed of by the Executing Court in accordance
with law.
4. The aforesaid submission is placed on record.
5. Accordingly, the petition stands disposed of reserving
liberty in favour of the petitioner to file appropriate application(s)
before the Executing Court, which shall consider the same and
dispose of the said application(s) to be filed by the petitioner on
07.03.2026 within a period of one month from 07.03.2026.
6. All rival contentions on all aspects of the matter are
kept/left open and no opinion is expressed on merits/demerits of
the rival contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS
List No.: 2 Sl No.: 55
NC: 2026:KHC:10934
WP No. 5730 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 20 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 5730 OF 2026 (GM-CPC)
BETWEEN:
HEMANTH KUMAR B S
S/O SREENIVASIAH,
AGED ABOUT 46 YEARS,
RD
R/AT, NO.120, 3 CROSS,
GKW LAYOUT, VIJAYANAGAR,
BENGALURU – 560 040.
…PETITIONER
(BY SRI. GOURAV.G.K, ADVOCATE AND
SMT. ANUSHA NANDISH, ADVOCATE)
AND:
1. SRI SRINIVASA V M
S/O LATE SRI. K MEENAKSHI SUNDARAM,
AGED ABOUT 57 YEARS,
TH
R/AT, NO.269, 4 MAIN ROAD,
TH
8 CROSS, HANUMANTHANAGAR,
BENGALURU – 560 019.
2. M/S ELEGANCE COMPONENTS
NO.9, KRISH TOWERS,
SRINIVASPURA CROSS,
TH
BEML LAYOUT, 10 STAGE,
CHENNASANDRA VILLAGE,
RR NAGAR HOBLI,
BENGALURU – 560 098.
3. SRI. VINAY GANGADHARA,
PARNTER AND AUTHORISED SIGNATORY,
M/S ELEGANCE COMPONENTS
AGED ABOUT 43 YEARS,
NO.9, KRISH TOWERS,
Digitally
signed by
CHANDANA
B M
Location:
High Court
of
Karnataka
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NC: 2026:KHC:10934
WP No. 5730 of 2026
HC-KAR
SRINIVASPURA CROSS,
TH
BEML LAYOUT 10 STAGE,
CHENNASANDRA VILLAGE,
RR NAGAR HOBLI,
BENGALURU 560 098.
4. SMT. MAMATHA VINAYA,
PARTNER, M/S ELEGANCE COMPONENTS,
W/O SRI VINAY GANGADHAR,
AGED ABOUT 37 YEARS,
SRINIVASPURA CROSS,
TH
BEML LAYOUT 10 STAGE,
CHENNASANDRA VILLAGE,
RR NAGARA,
BENGALURU 560098.
PERMANENT ADDRESS OF
RESPONDENT NO.3 & 4
FLAT NO.318, DECCAN ARCADE,
RD
23 MAIN, BEML LAYOUT, V STAGE,
BENGALURU - 560 098.
5. SRI. VENKATESH PRASAD R,
S/O RAJANNA,
NO.20, JYOTHIRADITYA'
BEFORE TALAKAVERI LAYOUT,
NEAR SHIVAPRAKRUTHI APARTMENT,
AMRUTHAHALLI,
BENGALURU – 560 092.
6. SRI. R SHARAN,
S/O C RAGHUPATHY,
R/AT, NO.381/1,
C RAGHUPATHY BUILDING,
AGED ABOUT 32 YEARS,
OPP VINAYAKA TEMPLE,
VIBUTHIPURA MAIN ROAD,
HAL POST, BENGALURU 560 017.
7. LIC HOUSING FINANCE LIMITED
15/1, II FLOOR, HAYES COURT,
HAYES ROAD, SHANTHALA NAGAR,
ASHOK NAGAR,
BENGALURU – 560 025.
…RESPONDENTS
- 3 -
NC: 2026:KHC:10934
WP No. 5730 of 2026
HC-KAR
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE EXECUTING
COURT TO PASS AN ORDER HOLDING THAT THE AUCTION SALE OF
THE SCHEDULE PROPERTY CONDUCTED ON 17.10.2025 AS ABSOLUTE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
“ a) Issue appropriate Writ or Order directing the
Executing Court to pass an order holding that the Auction
Sale of the Schedule Property conducted on 17.10.2025 as
absolute.
b) Issue appropriate Writ or Order directing the
Executing Court to issue Sale Certificate concerning the
Schedule Property in favor of the Petitioner.
c) This Hon'ble Court may grant any other
appropriate relief as this Hon'ble Court deems fit in the
interest of Equity and Justice.”
2. Heard learned counsel for the petitioner and perused
the material on record.
3. After arguing the matter for sometime, learned counsel
for the petitioner submits that the present petition may be disposed
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NC: 2026:KHC:10934
WP No. 5730 of 2026
HC-KAR
of as withdrawn reserving liberty in favour of the petitioner to file
appropriate application in the instant execution proceedings in
Ex.No.684/2025, which is posted on 07.03.2026, which may be
directed to be disposed of by the Executing Court in accordance
with law.
4. The aforesaid submission is placed on record.
5. Accordingly, the petition stands disposed of reserving
liberty in favour of the petitioner to file appropriate application(s)
before the Executing Court, which shall consider the same and
dispose of the said application(s) to be filed by the petitioner on
07.03.2026 within a period of one month from 07.03.2026.
6. All rival contentions on all aspects of the matter are
kept/left open and no opinion is expressed on merits/demerits of
the rival contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS
List No.: 2 Sl No.: 55