- 1 - HC-KAR NC: 2025:KHC:19527 WP No. 54735 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 54735 OF 2018 (GM-CPC) BETWEEN: 1. SRI KRISHNAPPA SINCE DEAD BY LRS SMT K SUBBAMMA W/O SRI MUGULAPPA D/O LATE KRISHNAPPA SINCE DECEASED BY LRS (A) SRI MUGULAPPA AGED ABOUT 68 YEARS S/O SRI VENKATESH (B) SMT MANJULA AGED ABOUT 32 YEARS D/O SRI MUGULAPPA AND LATE K SUBBAMMA 2. SMT K JAYAMMA W/O KRISHNAPPA AGED ABOUT 51 YEARS D/O LATE KRISHNAPPA PETITIONERS 1(A) & (B) AND 2 ARE RESIDING AT O B CHUDANAHALLI , KAGGALIPURA CIRCLE UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK – 560085 REPRESENTED BY PA HOLDER SRI K RAMESH 3. SMT S RENUKA W/O SUBRAMANYAM AGED ABOUT 41 YEARS 4. SRI S R HINDU KUMAR S/O SUBRAMANYAM Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19527 WP No. 54735 of 2018 AGED ABOUT 22 YEARS 5. MISS S R ROHINI D/O SUBRAMANYAM AGED ABOUT 20 YEARS 3 TO 5 ARE RESIDING AT NO. 325, 11TH CROSS, SHAKAMBARI NAGAR, J P ANGAR 1ST PHASE BANGALORE -560078 6. SMT K LAKSHMI W/O GOVINDARAJU AGED ABOUT 41 YEARS D/O LATE KRISHNAPPA RESIDING AT O B CHUDANAHALLI KAGGALIPURA CIRCLE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK – 560085 REPRESENTED BY PA HOLDER SRI K RAMESH 7. SRI K MANJUNATH S/O KRISHNAPPA SINCE DECEASED BY LRS (A) SMT M SARASWATHI W/O LATE MANJUNATH K AGED ABOUT 39 YEARS (B KUM M KUSUM CHAYA D/O LATE MANJUNATH K AGED ABOUT 17 YEARS (C) KUM M ROSHINI D/O LATE MANJUNATH K AGED ABOUT 15 YEARS (D) MASTER M SAI MAN PREETH S/O LATE MANJUNATH K AGED ABOUT 13 YEARS PETITIONERS 7(B) TO (D) ARE MINORS REPRESENTED BY GUARDIAN PETITIONER NO. 7(A) SMT M SARASWATHI AND PETITIONERS 7(A) TO (D) ARE - 3 - HC-KAR NC: 2025:KHC:19527 WP No. 54735 of 2018 RESIDING AT SY NO. 7/1, OBICHUDANAHALLI VILLAGE, UDAYAPURA POST, KANAKAPURA MAIN ROAD, BANGALORE – 560085 8. SRI K RAMESH S/O KRISHNAPPA AGED ABOUT 39 YEARS, RESIDING AT NO 325, 11TH CROSS SHAKAMBARI NAGAR, J P NAGAR 1ST PHASE, BANGALORE - 560078 NOW AT HOUSE NO. 1053, 3RD FLOOR, FLAT NO. 303, E VAJARAHALLI, BCCHS LAYOUT RAGHUVANAHALLI HOLIDAY VILLAGE ROAD, BANGALORE – 560062 9. SMT K RUKMINI D/O LATE KRISHNAPPA W/O SRI D VENKATESH WARULU AGED ABOUT 35 YEARS NATHAM KANDRIGA VILLAGE VASUDHEVA PURAM NAGRI POST, CHITTOR DISTRICT ANDHRA PRADESH – 517590 REPRESENTED BY PA HOLDER SRI K RAMESH …PETITIONERS (BY SRI. Y K NARAYANA SHARMA, ADVOCATE) AND: 1. SRI M S SURYANARAYANA SETTY S/O SRI SANJEEVAIAH SETTY NO. 376, 10TH CROSS, 2ND BLOCK, JAYANAGAR BANGALORE – 560011 2. SRI B NARAYANA S/O SRI BACHE GOWDA NO 35, 5TH CROSS MYSORE ROAD, OLD GUDDADAHALLI, BANGALORE – 560026 - 4 - HC-KAR NC: 2025:KHC:19527 WP No. 54735 of 2018 3. SRI B JAYARAM S/O SRI BACHEGOWDA NO 35, 5TH CROSS, MYSORE ROAD, OLD GUDDADAHALLI, BANGALORE – 560026 4. SRI R SRINIVASA MURTHY S/O SRI RAMU NO 272, MYSORE ROAD, BANGALORE – 560026 5. SRI V RAJAGOPALA SETTY S/O SRI VENKATARAMAIAH SETTY NO 15/3,WEST CIRCLE ROAD, VISVESWARAPURAM BANGALORE – 560004 6. DR MUTHYUNJAYA S/O SRI S M NANJUNDAPPA NO 32, 3RD CROSS, THYAGARAJANAGAR BANGALORE – 560028 7. SRI B GOPI NAIDU S/O SRI R V NAIDU NO 107/4, 3RD BLOCK THYAGARAJANAGAR BANGALORE – 560028 8. SRI RAMULU NAIDU S/O SRI R V NAIDU NO 107/4, 3RD BLOCK THYAGARAJANAGAR BANGALORE – 560028 9. SMT C SHIVAMMA W/O SRI MRUTHYUNJAYA NO. 32, SWASTHI 3RD CROSS, SHANTHINAGAR BANGALORE – 560027 10. SRI VYASARAJ - 5 - HC-KAR NC: 2025:KHC:19527 WP No. 54735 of 2018 11. SRI RANGANATH 12. SRI SAMSHIR 13. SRI YETHIRAJ 14. SRI SHIVARUDRAPPA 15. SRI SAMBHASHIVAIAH 16. SRI SRINIDHI 17. SRI SUSHEEL 18. SRI SHIVAMMA FATHER / HUSBAND NAMES IN RESPECT OF THE RESPONDENT NO.10 TO 18 ARE NOT KNOWN TO THE PETITIONER AND ALL OF THEM ARE RESIDING AT KATHRIGUPPA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK - 560085 …RESPONDENTS (BY SRI. A R SHASHI KUMAR, ADVOCATE FOR R9 NOTICE TO R2 TO R5, R7, R8, R10 TO R12 & R14 TO R18 IS DISPENSED WITH V/O DTD 09.02.2023 NOTICE TO R1, R6 & R13 IS DISPENSED WITH V/O DTD 09.06.2025) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 18.11.2017 PASSED IN EX NO.1558/1998 BY THE COURT OF THE XXII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CCH-18 AS PER ANNEXURE-K AND REVIVE THE EXECUTION PETITION OR PASS OTHER SUITABLE ORDERS OR DIRECTIONS AS DEEMED FIT UNDER THE CIRCUMSTANCES OF THE CASE BY ALLOWING THIS W.P. AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA - 6 - HC-KAR NC: 2025:KHC:19527 WP No. 54735 of 2018 ORAL ORDER 1. The present writ petition is filed calling in question the order dated 18.11.2017 passed in Execution Case No.1558/1998 by the XIX Additional City Civil Judge, Bengaluru.1. 2. The relevant facts in a nutshell leading to the present petition are that the predecessor of the petitioners viz., one Krishnappa filed a suit in O.S. No.5832/1991 for declaration and possession. The said suit was decreed vide judgment and decree dated 23.07.1998. Execution case No.1558/1998 was filed to execute the decree passed in O.S. No.5832/1991. The Trial Court vide order dated 18.11.2017 closed the execution petition till disposal of RFA No.1000/2014 with liberty to the decree holder to file a fresh execution petition after the final order is passed in RFA No.1000/2014. Being aggrieved, the decree holder has filed the present writ petition. 3. Heard the submissions of learned Counsel Sri Y.V.Prakash appearing for learned counsel Sri Y.K.Narayana Sharma for the petitioners. 1 Hereinafter referred to as the ‘Trial Court’ - 7 - HC-KAR NC: 2025:KHC:19527 WP No. 54735 of 2018 4. It is the vehement contention of the learned counsel for the petitioners that various proceedings have taken place in the execution proceedings and the Trial Court ought not to have closed the execution proceedings with liberty to file a fresh execution petition and ought to have granted liberty to the petitioners to seek for re-opening of the execution proceedings. Further, learned counsel for the petitioners filed a memo dated 03.06.2025 placing on record that this Court vide order dated 21.12.2023, dismissed RFA No.1000/2014 for non-prosecution. 5. In view of the dismissal of RFA No.1000/2014, the question of going into the contention of the petitioners with regard to reserving liberty to re-opening the execution proceedings does not arise and the execution proceedings is required to be proceeded with. 6. Hence, the following ORDER i) The above petition is allowed. ii) Order dated 18.11.2017 passed in Execution Case No.1558/1998 by the - 8 - HC-KAR NC: 2025:KHC:19527 WP No. 54735 of 2018 XIX Additional City Civil Judge, Bengaluru is set aside. iii) Petitioners shall appear before the Trial Court on 03.07.2025. iv) Consequent to appearance of the petitioners, the Executing Court shall proceed further with the execution proceedings in accordance with law. Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 12