- 1 - NC: 2025:KHC:786 WP No. 9388 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9388 OF 2023 (GM-CPC) BETWEEN: 1. SRI. SRINIVAS SON OF LATE THAMMAIAH AGED ABOUT 50 YEARS RESIDING AT YAMALUR VILLAGE HAL POST, BENGALURU - 560037 2. SRI. PARAMESH. T SON OF LATE THAMMAIAH AGED ABOUT 38 YEARS R/AT NO.233, 6TH CROSS BHUVANESHWARI COLONY MARATHAHALLI POST, YAMLUR BANGALORE-560037. 3. SRI. GANESH SON OF LATE THAMMAIAH AGED ABOUT 36 YEARS RESIDING AT YAMALUR VILLAGE HAL POST, BENGALURU - 560037 4. SMT. BHAGYAMMA DAUGHTER OF LATE THAMMAIAH AGED ABOUT 54 YEARS RESIDING AT YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 5. SMT. AKKAYAMMA DAUGHTER OF LATE THAMMAIAH AGED ABOUT 70 YEARS RESIDING AT YAMALUR VILLAGE HAL POST, BENGALURU - 560037 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:786 WP No. 9388 of 2023 …PETITIONERS (BY SMT. CHANDANA G., ADVOCATE FOR SRI. P FREUD RICHARDSON.,ADVOCATE) AND: 1. SRI. R. VENKATESH SON OF LATE R. RAMAIAH AGED ABOUT 72 YEARS RESIDING AT NO.98 2ND MAIN, 4TH CROSS YEMALUR, BENGALURU-560037. 2. SRI. CHINNAPPA SON OF LATE THAMMAIAH AGED ABOUT 52 YEARS RESIDING AT YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 3. SRI. VENKATESH SON OF LATE THAMMAIAH AGED ABOUT 48 YEARS RESIDING AT YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 4. SMT. ACHAMMA DAUGHTER OF LATE THAMMAIAH AGED ABOUT 41 YEARS RESIDING AT YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 5. SRI. NANJUNDAPPA SON OF VENKATAPPA AGED ABOUT 84 YEARS RESIDING AT YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 6. SMT. NAGARATHNAMMA WIFE OF K S RANGANNA AGED ABOUT 81 YEARS RESIDING AT KARIYAMMANA - 3 - NC: 2025:KHC:786 WP No. 9388 of 2023 AGRAHARA YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 7. SMT. SHAMANNA SON OF K S RANGANNA AGED ABOUT 58 YEARS RESIDING AT KARIYAMMANA AGRAHARA YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 8. SRI. NAGARAJ SON OF K S RANGANNA AGED ABOUT 56 YEARS RESIDING AT KARIYAMMANA AGRAHARA YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 9. SRI. MANJUNATH SON OF K S RANGANNA AGED ABOUT 50 YEARS RESIDING AT KARIYAMMANA AGRAHARA YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 10. SMT. GUNDAMMA DAUGHTER OF LATE K S RANGANNA AGED ABOUT 62 YEARS SRIVALLI 101 5TH CROSS TANVEER COLONY, 2ND STAGE KACHARAKANAHALLI BANGALORE – 560070. 11. SMT. MANJULA @ MANGALA GOWRAMMA DAUGHTER OF LATE K S RANGANNA AGED ABOUT 58 YEARS KANNAMMANA AGRAHARA BELANDUR POST BANGALORE- 560037 12. SRI. RAMAKRISHNAPPA SON OF KEMPANNA AGED ABOUT 68 YEARS - 4 - NC: 2025:KHC:786 WP No. 9388 of 2023 MERCHANT YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 13. SMT. HALAMMA WIFE OF MALLAPPA AGED ABOUT 74 YEARS RESIDING AT 55 (1) YAMALUR POST YAMALUR VILLAGE, HAL POS BENGALURU – 560037. 14. SRI. M. SURESH SON OF MALLAPPA AGED ABOUT 50 YEARS RESIDING AT 55 (1) YAMALUR POST YAMALUR VILLAGE, HAL POST BENGALURU – 560037. 15. SRI. BYRAPPA SON OF MALLAPPA AGED ABOUT 48 YEARS RESIDING AT 55 (1) YAMALUR POST YAMALUR VILLAGE, HAL POST BENGALURU – 560037. 16. SMT. VIJAYALAKSHMI WIFE OF NANJUNDAPPA AGED ABOUT 73 YEARS RESIDING AT YAMALUR VILLAGE HAL POST, BENGALURU – 560037. 17. SMT. KATAMMA WIFE OF MUNISWAMAPPA AGED ABOUT 72 YEARS RESIDING AT MARATHAHALLI GUTA, BENGALURU – 560037. 18. SRI. CHANDRAPPA SON OF MUNISWAMAPPA AGED ABOUT 78 YEARS RESIDING AT MARATHAHALLI GUTA BENGALURU – 560037. - 5 - NC: 2025:KHC:786 WP No. 9388 of 2023 19. SMT. VARAMMA DAUGHTER OF MUNISWAMAPPA AGED ABOUT 63 YEARS RESIDING AT KANAKANAHALLI VILLAGE NARASAPUR POST KOALR TALUK KOLAR DISTRICT – 563133. 20. SMT. ALUMELAMMA DAUGHTER OF VENAKTASWAMAPPA WIFE OF NAGAPPA AGED ABOUT 64 YEARS RESIDING AT YAMALUR YAMALUR HAL POST BENGALURU – 560037. 21. SRI. YERAPPA SON OF BOMMAIAH AGED ABOUT 78 YEARS RESIDING AT YAMALUR POST BENGALURU – 560037. 22. SMT. RAMAKKA WIFE OF MUNIYAPPA AGED ABOUT 68 YEARS RESIDING AT YAMALUR POST YAMALUR VILLAGE (P) BENGALURU – 560037. 23. SRI. G. LAKSHMAIAH SON OF R GOVINDAPPA AGED ABOUT 78 YEARS RESIDING AT YAMALUR YAMALUR POST BENGALURU – 560037. 24. SMT. SHARADAMMA AGED ABOUT 68 YEARS D/OF BYADARAHALLI MUNISWAMAPPA RESIDING AT YAMALUR YAMALUR POST BENGALURU - 560037 - 6 - NC: 2025:KHC:786 WP No. 9388 of 2023 …RESPONDENTS (BY SRI. SUMANA NAGANAND.,SENIOR COUNSEL FOR SMT. SUMANA NAGANANDA, ADVOCATE FOR R1: NOTICE TO R2 TO R24 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 ON INIDA PRAYING TOSET ASIDE THE IMPUGNED ORDER DATED: 21.04.2023 PASSED BY THE XVII ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU WHEREBY ALLOWED THE IA NO.09 FILED UNDER ORDER VI RULE 17 OF THE CPC IN EXECUTION PETITION NO.2660/2015(ANNEXURE -A) ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition is filed by the petitioners/Judgment Debtors under Article 227 of the Constitution of India, challenging the order dated 21.04.2023 passed by the XVII Additional City Civil and Sessions Judge, Bengaluru on I.A.No.09 filed under Order VI, Rule 17 read with Section 151 of the CPC in Ex.P.No.2660/2015, whereby the trial Court allowed the said application. 2. Learned counsel for the parties submitted that in similar circumstances, this Court in W.P.No.9408/2023, - 7 - NC: 2025:KHC:786 WP No. 9388 of 2023 disposed of on 06.02.2024, held in paragraph Nos.5 and 6 as follows: “5. Insofar as the contention of the petitioners – judgment debtors that the claim of the respondent-decree holder in respect of the additional / amended properties sought to be added in the execution proceedings is barred by limitation is concerned, the interest of the petitioners can be adequately safeguarded by directing that the amendment shall not relate back to the date of filing the execution proceedings but shall be reckoned / considered from the date of filing the amendment application as held by the Apex court in case of Sampath Kumar v Ayyakannu and Ors. – AIR 2002 SC 3369 and L.C. Hanumanthappa v H.B. Shivakumar – (2016) 1 SCC 332. 6. Insofar as the contention of the petitioners judgment debtors that they are not parties to the compromise decree passed in FDP.No.129/2009 dated 13.02.2014 is concerned, even this aspect would necessarily have to be decided by the executing court after providing sufficient and reasonable opportunity to both sides and by keeping question/issue open, to be decided by the executing Court. Under these circumstances, I deem it just and appropriate to modify the impugned order and issue certain directions to the executing Court.” - 8 - NC: 2025:KHC:786 WP No. 9388 of 2023 3. In view of the above, the claim of the decree holders in respect of additional/amended properties sought to be added in the execution proceedings is barred by limitation is concerned, the interest of the petitioners can be adequately safeguarded by directing that the amendment shall not be relate back to the date of the filing the execution proceedings but shall be considered from the date of filing amendment application. 4. Accordingly, I pass the following order: ORDER a) The writ petition is disposed of. b) Impugned order dated 21.04.2023 passed by the XVII Additional City Civil and Sessions Judge, Bengaluru on I.A.No.09 filed under Order VI, Rule 17 read with Section 151 of the CPC in Ex.P.No.2660/2015, is hereby modified. - 9 - NC: 2025:KHC:786 WP No. 9388 of 2023 c) I.A.No.09 filed by the decree holders is allowed subject to the condition of the proposed amendment shall not relate back to the date of execution petition but shall be reckoned / considered from the date of the amendment application. d) All rival contentions between the parties including the maintainability of the execution proceedings as against the petitioners as well as the question of limitation in relation to all the execution schedule properties are kept open and no opinion is expressed on the same. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 42