- 1 - NC: 2025:KHC:9764 WP No. 4940 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4940 OF 2025 (GM-CPC) BETWEEN: 1. SRI PURUSHOTHAMACHARI SINCE DEAD BY LRS SMT. MANI D/O PURUSHOTHAMACHARI AGED ABOUT 62 YEARS. 2. SMT. PUSHPA D/O PURUSHOTHAMACHARI AGED ABOUT 60 YEARS 3. SMT. DEVI D/O PURUSHOTHAMACHARI AGED ABOUT 58 YEARS 4. SRI RAVI S/O PURUSHOTHAMACHARI AGED ABOUT 54 YEARS 5. SRI MAHADEVASWAMY S/O PURUSHOTHAMACHARI AGED ABOUT 52 YEARS ALL ARE R/AT HOMMARAGALLI VILLAGE HAMPAPURA HOBLI H D KOTE TALUK MYSORE DISTRICT-571114. …PETITIONERS (BY SRI. PANCHAM R D., ADVOCATE) AND: 1. SRI BASAVAIAH SINCE DEAD BY LRS SMT. PUTTATHAYAMMA W/O LATE BASAVAIAH Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9764 WP No. 4940 of 2025 SINCE DEAD AND LRS ARE ALREADY ON RECORD SMT. MAHALASKSHMI D/O LATE BASAVAIAH AGED ABOUT 59 YEARS 2. SRI B NAGARAJU S/O LATE BASAVAIAH SINCE DEAD BY LRS SMT. NAGARATHNA W/O LATE B NAGARAJU ABOUT 52 YEARS 3. SRI N RAVINCHANDRA S/O LATE N NAGARAJU AGED ABOUT 30 YEARS 4. SRI N MANJUNATHA S/O LATE N NAGARAJU AGED ABOUT 29 YEARS 5. SRI B BASAVARAJU S/O LATEBASAVAIAH AGED ABOUT 56 YEARS 6. SMT. LAKSHMIDEVI D/O LATE BASAVAIAH AGED ABOUT 49 YEARS ALL ARE R/AT NO.2493/1 5TH CROSS K G KOPPAL MYSORE-570009. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03/01/2024 AND ALL SUBSEQUENT PROCEEDINGS ON THE FILE OF THE COURT OF THE CIVIL JUDGE AND JMFC H.K. KOTE, IN EX.NO.28/2021 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9764 WP No. 4940 of 2025 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-judgment debtors(JDRs) challenging the order dated 03.01.2024 passed by the Civil Judge and JMFC, H.D.Kote in Ex.No.28/2021, whereby the delivery warrant has been issued to execute the judgment and decree dated 03.08.2002. 2. The respondents/Decree Holders (DHs) have filed the suit for possession against the father of the petitioners herein. The said suit came to be decreed on 03.08.2002 in O.S.No.159/1993. To execute the judgment and decree passed in O.S.No.159/1993, the decree holders have filed Ex.No.28/2021 before the Civil Judge and JMFC, H.D.Kote. During the pendency of the execution petition, the petitioners’ father i.e. judgment debtor- N.Purushothamachari died. After the death of the judgment debtor, the petitioners herein have been brought - 4 - NC: 2025:KHC:9764 WP No. 4940 of 2025 on record as the legal representatives. Thereafter, the trial Court by impugned order dated 03.01.2024 issued delivery warrant against the judgment debtors to hand over the vacant possession of the petition schedule property to the decree holders. Being aggrieved by the same, the present petition is filed. 3. Learned counsel for the petitioners has submitted that during the pendency of the execution petition, the judgment debtors filed a suit in O.S.No.212/2024 before the Civil Judge and JMFC, H.D. Kote, seeking an injunction against the decree holders-respondents herein. The trial Court had granted ex-parte temporary injunction. The trial Court is not justified in passing the impugned order. Hence, he sought for allowing the writ petition. 4. Admittedly, the judgment and decree passed by the trial Court in O.S.No.159/1993 on 03.08.2002 has attained finality. While the execution petition was pending, the judgment debtors filed a suit in O.S.No.212/2024 before - 5 - NC: 2025:KHC:9764 WP No. 4940 of 2025 the Civil Judge and JMFC, H.D.Kote, seeking an injunction against the decree holders-respondents herein. Initially, the trial Court granted an ex-parte temporary injunction. After appearance of the respondents herein, the ex-parte temporary injunction has not been continued. Hence, there is no bar for the executing Court to issue Delivery Warrant for executing the judgment and decree. Accordingly, the trial Court has passed the impugned order. 5. There is no error or illegality in the order dated 03.01.2024 passed by the Civil Judge and JMFC, H.D.Kote in Ex.No.28/2021. The petition is devoid of merits. 6. Hence, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 12