- 1 - HC-KAR NC: 2025:KHC:20091 WP No. 20527 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 20527 OF 2024 (HRC) BETWEEN: SRI. B.R.SHETTY S/O LATE SHAMBU SHETTY, AGED ABOUT 77 YEARS, R/AT "ROSHNI" OPP.TO C.V.NAYAK HALL, KADRI ROAD, MANGALURU-575 003. REPRESENTED BY ITS GPA HOLDER, SHISHIR SHETTY. …PETITIONER (BY SRI. ANOOP HARANAHALLI., ADVOCATE FOR SRI. YESHU BABA.R.MISHRA., ADVOCATE) AND: 1. SRI. DAMODAR SHETTY DEAD BY LR'S SMT. JAYANTHI G.SHETTY, W/O DAMODAR SHETTY, MAJOR, R/AT DODDAMANE, THALAPADI, ULLAL TALUK-575 023. 2. SRI. MANJUNATH SHETTY S/O DAMODAR SHETTY, MAJOR, R/AT DODDAMANE, THALAPADI, ULLAL TALUK-575 023. 3. SRI. KISHORE SHETTY S/O DAMODAR SHETTY, MAJOR, R/AT DODDAMANE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20091 WP No. 20527 of 2024 THALAPADI, ULLAL TALUK-575 023. 4. SRI. MITHUN SHETTY S/O DAMODAR SHETTY, MAJOR, R/AT DODDAMANE, THALAPADI, ULLAL TALUK-575 023. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Anoop Haranahalli., counsel on behalf of Sri.Yeshu Baba R.Mishra., for the petitioner has appeared in person. The petition is listed today for orders regarding maintainability of the Writ Petition. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Judgment and Decree dated:20.04.2024 passed by I Addl. District and Sessions Judge, Mangalore in RRP No.13/2019 vide Annexure-A and to quash the Judgment and Decree dated:30.10.2019 passed by II Addl. Civil Judge and JMFC, Mangalore in Ex. Case No.66/2009 vide Annexure-B and restore the said Execution Petition. - 3 - HC-KAR NC: 2025:KHC:20091 WP No. 20527 of 2024 3. Counsel for the petitioner made submission regarding the maintainability of the Writ Petition. Heard and perused the Writ papers with care. 4. The petitioner B.R.Shetty was the decree holder and filed Execution Petition in No.66/2009 on the file of II Addl. Civil Judge and JMFC, Mangaluru, D.K against the judgment debtor namely B.T.Bhat. During the pendency of the execution petition, an obstruction application under order 21 Rule 97 of CPC was filed by one Damodar Shetty. The same came to be allowed vide order dated 30.10.2019. As against the said order, the petitioner preferred a Revision Petition before the I Addl. District and Sessions Judge, D.K., Mangalore in RRP.No.13/2019. The Court vide order dated 20.04.2024 dismissed the revision petition. Under these circumstances, the petitioner has filed the captioned Writ Petition. 5. The law is well settled that as against the order passed on an obstruction application filed under order 21 Rule 97 of CPC, the aggrieved party must file an appeal. In the present case, the petitioner instead of filing an appeal filed a Revision Petition. The Revision Petition is not maintainable. - 4 - HC-KAR NC: 2025:KHC:20091 WP No. 20527 of 2024 Hence, the order dated 20.04.2024 passed in the Revision Petition in R.R.P.No.13/2019 is liable to be quashed. 6. A Writ of Certiorari is ordered. The order dated 20.04.2024 passed by the I Addl. District and Sessions Judge D.K., Mangalore in R.R.P.No.13/2019 vide Annexure-A is quashed. However, a liberty is accorded to the petitioner to file an appropriate case questioning the order dated 30.10.2019 passed by the II Addl. Civil Judge and JMFC, Mangaluru, D.K in Execution Case No.66/2009, before the appropriate forum if so advised. The Court may consider the time spent by the petitioner in prosecuting the petitions before the wrong forums. 7. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 37