- 1 - HC-KAR NC: 2025:KHC:22177 WP No. 51512 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 51512 OF 2019 (GM-CPC) BETWEEN: 1. SRI. VEERANNA AGED ABOUT 75 YEARS, S/O THIMMAIAH, 2. SRI. YELLAIAH S/O LATE PARASAIAH, AGED 75 YEARS, 3. SRI. SHIVANNA AGED 73 YEARS, S/O LATE CHIKKARUDRAPPA, 4. SRI. NANJAPPA AGED 70 YEARS, S/O CHIKKA ADAVAPPA, THE PETITIONER NO.1 TO 4 ARE RESIDENTS OF ANTHARASANAHALLI, TUMKUR TALUK, TUMKUR-572006 …PETITIONERS (BY SRI. VIJAYAKUMARA, ADVOCATE) AND: 1. SMT. LALITHAMBA AGED 55 YEARS, W/O P. RAJANNA, 2. SMT. H.V. SHIVARUDRAMMA AGED 57 YEARS, W/O JAYADEVAIAH, Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22177 WP No. 51512 of 2019 3. SRI. PARAMASHIVAIAH P., AGED 57 YEARS, S/O LATE PUTTAMALLAIAH ALL ARE RESIDENTS OF ANTHARSANAHALLI, TUMKUR TALUK, REPRESENTED BY THEIR SPA HOLDER P.RAJANNA, S/O LATE PUTTAMALLAIAH, AGED 71 YEARS, R/O ANTHARSANAHALLI, TUMKUR-572006. …RESPONDENTS (BY SRI. NABEEL, ADVOCATE FOR SRI. H.V.MANJUNATH, ADVOCATE FOR CAVEATOR/RESPONDENT NOS.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE ORDER PASSED BY HON'BLE 2ND ADDITIONAL SENIOR CIVIL JUDGE, TUMKUR IN EXECUTION PETITION NO.33/2016 IN THE NATURE OF CERTIORARI AS PER ANNEXURE-F DATED 31.10.2019 TO THE W.P. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following reliefs:- i) Set aside/quash the order passed by Hon'ble 2nd Additional Senior Civil Judge, Tumkur in Execution Petition No.33/2016 in the nature of certiorari as per Annexure-F dated 31.10.2019 - 3 - HC-KAR NC: 2025:KHC:22177 WP No. 51512 of 2019 to the writ petition in the interest of justice and equity. ii) Issue Writ of Mandamus thereby Directing the respondents to not proceed in any manner contrary to the interest of the petitioner. iii) and Pass any other order or direction as this Hon'ble Court deems fit in view of the facts and circumstances of the case, in the interest of justice and equity. 2. It is submitted at the bar that the other judgment debtors had filed W.P.No.50787/2019 and this Court continued the interim order of stay of the execution case till disposal of the pending Regular Second Appeal. 3. I have perused the order dated 12.09.2024 passed in W.P.No.50787/2019. The relevant portion of the order is extracted hereinbelow:- "3. However, at this stage, learned counsel for the petitioner submits that since subsequently, the petitioner has filed a Regular Second Appeal in R.S.A.No.149 of 2020 before this Court, therefore, the interim order of stay of the execution case may - 4 - HC-KAR NC: 2025:KHC:22177 WP No. 51512 of 2019 be continued till disposal of the Regular Second Appeal. Learned counsel for the respondent submits that he has no objection for passing such an order. 4. Accordingly, the writ petition stands disposed of while continuing the order of stay in respect of the Execution Case No.33 of 2016 till the disposal of the Regular Second Appeal filed at the hands of the petitioner." 4. In view of the aforesaid order, this writ petition is disposed of by continuing the benefit of order in W.P.No.50787/2019. Sd/- (VIJAYKUMAR A. PATIL) JUDGE PMR List No.: 1 Sl No.: 8