- 1 - NC: 2025:KHC:14738 WP No. 1811 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1811 OF 2024 (GM-CPC) BETWEEN: 1. SRI SURESHA S/O SRI A G RANGANATHA AGED ABOUT 45 YEARS PERMANENT R/OF ARAHATHOLALU KAIMARA, HOLEHONNUR HOBLI BHDRAVATHI TALUK SHIVAMOGGA DISTRICT-577227. 2. SMT GEETHA W/O SHANKER AGED ABOUT 41 YEARS R/O HARATHALU HATHALHALU POST HOSANAGARA TALUK SHIVAMOGGA DISTRICT-577412. 3. SR GOPALA S/O SRI A G RANGANATHA AGED ABOUT 43 YEARS R/O ARATHATHOLALU KAIMARA, HOLEHONNUR HOBLI BHADARAVATHI TALUK SHIVAMOGGA DISTRICT-577227. 4. SMT JAYAMMA @ JAYADEVI W/O SRI MUNISH KUMAR AGED ABOUT 50 YEARS BENKATAWA VILLAGE NEAR ARYA SAMAJA MANDIR Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14738 WP No. 1811 of 2024 BAGAHA POST WEST CHAMPARAN DISTRICT BIHAR STATE 845315 REP BY GPA HOLDER PETITONER 1 SRI SURESHA S/O SRI A G RANGANATHA AGED ABOUT 45 YEARS. …PETITIONERS (BY SRI. SACHIN B S., ADVOCATE) AND: 1. SRI MOHAMMED SAGEER S/O SRI ABDUL KHUDDUS AGED ABOUT 37 YEARS R/O KUDLI VILLAGE, HOLALUR HOBLI SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577216. 2. SAVITHRAMMA W/O SRI A G RANGANATHA AGED ABOUT 66 YEARS 3. SRI A G RANGANATHA S/O LATE A GOPALA BHOVI AGED ABOUT 78 YEARS 4. SMT S R SUMA D/O A G RANGANATHA AGED ABOUT 32 YEARS R2 TO R4 ARE R/T ARAHATHOLALU KAIMARA, BHADARAVATHI TALUK SHIVAMOGGA DISTRICT 577243. 5. SRI H B DEVENDRAPPA S/O VEERAPA B AGED ABOUT 60 YEARS - 3 - NC: 2025:KHC:14738 WP No. 1811 of 2024 AGRICULTURISTS R/AT HANUMANTHAURA VILLAGE ARAHATHOLALU VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577243 …RESPONDENTS (BY SRI. P N HARISH., ADVOCATE FOR R1: SRI M R HIREMATHAD, ADVOCATE FOR R2 & R3: NOTICE TO R4 IS DISPENSED WITH V/O DATED: 29.11.2024 SRI. MALLIKARJUN C BASAREDDY. ADVOCATE FOR IMLEADING RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED: 12.12.2023 ON IA NO.3 AND 4/2023 IN THE EXECUTION CASE NO.41 OF 2022 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, BHADRAVATHI, AS PER ANNEXURE-A 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 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-objector Nos.1 to 4 challenging the order dated 12.12.2023 passed by the Prl. Senior Civil Judge, Bhadravathi, on I.A.No.3 filed by the objectors under Order XXI Rule 59(b) read with Section 151 of CPC and I.A.No.4 filed under Order XXI Rule 97, 101 read with Section 151 of CPC, in - 4 - NC: 2025:KHC:14738 WP No. 1811 of 2024 Ex.No.41/2022, whereby the Trial Court has dismissed the said application. 2. The plaintiff had filed the suit i.e. O.S.No.31/2019 for relief of specific performance of contract. The said suit has been decreed on 12.01.2022 and directed the defendants to refund advance sale consideration amount with interest to the plaintiff. To execute the said judgment and decree passed in O.S.No.31/2019, the plaintiff filed Ex.No.41/2022. The property in dispute has been attached and auction has been conducted. Respondent No.5 is the auction purchaser of the suit schedule property. At that time, the petitioners herein have filed I.A.No.3 and I.A.No.4. The Executing Court after considering the submission of the parties, has given a clear finding that the petitioners-objectors have prima-facie failed to show their independent right over the suit schedule property and accordingly, it dismissed the applications. - 5 - NC: 2025:KHC:14738 WP No. 1811 of 2024 3. Viewed from any angle, there is no error or illegality in the impugned order passed by the Executing Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 4. Accordingly, the writ petition is dismissed. 5. However, it is made clear that if the petitioners herein have any right over the suit schedule property, they can work out their remedy in accordance with law in appropriate proceedings. All the contentions of the petitioners are kept open. 6. In view of dismissal of petition, all pending I.As., if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 43