Authority: High Court of Karnataka at Bengaluru
Order Date: 15 December 2025
Case Overview
- Petitioner: Mr. Anwar Jan, aged about 67, resident of Soladevanahalli Village, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru Urban District.
- Respondents: (1) SRI RAGHAVENDRA ENTERPRISES, a registered partnership firm represented by partner SRI L.S. Prabhakar; (2) MYSORE STONEWARE PIPES & POTTERIES LIMITED, a company registered under the Companies Act, represented by Mr. Rajiv H. Ramahalli.
- The petition (Writ Petition No. 32411 of 2025) was filed under Articles 226 and 227 of the Constitution seeking a writ of certiorari and setting aside the impugned order dated 08.05.2025 in I.A.No. IV under Order XXI Rules 97‑105 read with Section 151 of the CPC, passed by the Hon’ble Court of the XI Additional District and Sessions Judge (Dedicated Commercial Court), Bengaluru Rural.
- The petitioner requested conversion of the writ petition into a Commercial Appeal to avoid delay, and sought an extension of the interim order for four weeks, or alternatively continuation until a fresh application for interim relief is filed before the Division Bench.
- Respondents objected to the extension, stating that the execution petition is at the initial stage, the sale deed registration is pending, and that the appropriate remedy lies elsewhere.
Final Outcome
- The Court permitted the petitioner to convert the writ petition into a Commercial Appeal, directing compliance with the pleading requirements under Section 37 of the Commercial Courts Act, 2015.
- The Court declined to extend the interim order, observing that the execution petition is at its initial stage, no adverse orders have been passed, and the Court lacks jurisdiction to entertain an extension.
- The petitioner was directed to approach the Commercial Appeal Court for any interim relief, and the Registry was instructed to hand over the file immediately to facilitate this.
- The petition was disposed of for statistical purposes.
Topics: Procedural Law, Commercial Courts