- 1 - NC: 2025:KHC:10131 WP No. 1226 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1226 OF 2020 (GM-CPC) BETWEEN: SMT PADMAVATHAMMA SINCE DECEASED BY HER LRS. 1. SRI H S THANDAVA MURTHY S/O LATE PADMAVATHAMMA AGED ABOUT 65 YEARS 2. SRI H S CHANDRASHEKARAIAH S/O LATE PADMAVATHAMMA AGED ABOUT 60 YEARS 3. SMT UMADEVI D/O LATE PADMAVATHAMMA AGED ABOUT 55 YEARS ALL ARE RESIDING AT DOOR NO.1375/3, B B LAYA ROAD K R MOHALLA MYSORE-560 024 …PETITIONERS (BY SRI PRAKASH M PATIL, ADVOCATE) AND: SMT LAKSHMIDEVAMMA SINCE DECEASED BY HER LRS 1. SMT NAGARATHNA W/O LATE T NAGARAJA AGED ABOUT 65 YEARS Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10131 WP No. 1226 of 2020 2. SRI M N MANJUNATHA S/O LATE T NAGARAJA AGED ABOUT 37 YEARS 3. SRI M N SHEELA S/O LATE T NAGARAJA AGED ABOUT 35 YEARS 4. SRI M N MANJULA S/O LATE T NAGARAJA AGED ABOUT 32 YEARS 5. SRI M N ANANDA S/O LATE T NAGARAJA AGED ABOUT 30 YEARS ALL ARE RESIDING AT DOOR NO.1375 B B LAYA ROAD, K R MOHALLA MYSORE-570 024 …RESPONDENTS (BY SRI G.BALAKRISHNA SHASTRY, ADVOCATE FOR R1 AND R2; R3, R4 AND R5 -SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF DELIVERY WARRANT DATED 14.01.2020 PASSED IN EX.NO.75/2009 ON THE FILE OF PRL I CIVIL JUDGE (JR.DN), MYSORE, VIDE ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner since deceased represented by her legal representatives are before this Court being aggrieved by the order dated 14.01.2020 passed in Ex.No.75/2009. Petitioner is - 3 - NC: 2025:KHC:10131 WP No. 1226 of 2020 the Judgment Debtor in Execution case No.75/2009 pending on the file of Prl. I Civil Judge (Junior Division) Mysuru, which is filed by the respondents herein seeking execution of judgment and decree dated 03.08.1993 passed in O.S.No.50/1982. The said suit in O.S.No.50/1982 filed by the respondents herein for declaration and possession. It appears that the petitioner herein had also filed a suit in O.S.No.301/1987. Both suits were clubbed together and common Judgment and order passed on 03.08.1993 by which the suit of the petitioner was dismissed and suit of the respondents decreed. 2. Against which petitioners preferred regular appeal in RA No.232/2004 and RA No.233/2004 respectively. By common judgment and order dated 25.10.2008, the first appellate Court dismissed the appeals confirming the judgment and decree passed by the trial Court. 3. Against which the petitioners herein filed regular second appeals in RSA No.226/2009 and RSA No.227/2009. This Court by order dated 03.09.2010 while directing both the regular second appeals to be clubbed, had directed the parties to maintain status quo in respect of the suit property. - 4 - NC: 2025:KHC:10131 WP No. 1226 of 2020 4. Learned counsel for petitioners submit that despite there being an order of status quo the Executing Court proceeded to issue delivery warrant without even considering the memo filed by the petitioners bringing to its notice regarding interim order granted by this Court in RSA No.226/2009 and RSA No.227/2009. Hence, seeks for necessary direction. 5. Heard and perused the records. 6. Since the Regular Second Appeals are stated to be pending consideration in which parties are directed to maintain status quo, petition is therefore disposed of directing the trial Court to await further orders to be passed in RSA No.226/2009 and RSA No.227/2009 and thereafter proceed in the Execution Petition. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 17