- 1 - NC: 2025:KHC:7482 WP No. 32834 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 32834 OF 2024 (GM-CPC) BETWEEN: SMT. VIDHYASHRI D/O LATE H N CHOWDAIAH W/O UMASHANKARA AGED ABOUT 33 YEARS R/AT 8TH MAIN, 15TH CROSS MAHALAXMIPURAM (NEAR GANESHA TIMBER WORKS) BENGALURU- 560 086. …PETITIONER (BY SRI. RAVIKUMAR G H.,ADVOCATE) AND: 1. H V SHANMUGA S/O LATE VENKATARAMANE GOWDA AGED ABOUT 65 YEARS R/AT H HONNENAHALLI VILLAGE HIRISAVE HOBLI CHANNARAYAPATTANA TALUK HASSAN DISTRICT – 573124. 2. H C JAGADEESHA S/O H N CHOWDEGOWDA AGED ABOUT 52 YEARS R/AT HIRISEVE VILLAGE HIRISEVE HOBLI Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7482 WP No. 32834 of 2024 CHANNARAYAPATTANA TALUK HASSAN DISTRICT-573124 3. H C SHANKARA S/O H N CHOWDEGOWDA AGED ABOUT 52 YEARS R/AT HIRISEVE VILLAGE HIRISEVE HOBLI CHANNARAYAPATTANA TALUK HASSAN DISTRICT 573124 …RESPONDENTS (BY SRI. K N NITISH, AND SRI. K V NARASIMHAN., ADVOCATES FOR R1: NOTICE TO R2 & R3 ARE DISPENSED WITH V/O DATED: 05.12.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 23.08.2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA ON I.A.NO.9 FILED UNDER ORDER 21 RULE 54 OF CPC IN EX.CASE NO. 56/2015 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the judgment debtor No.4, under Article 227 of the Constitution of India, challenging the order dated 23.08.2024 passed by the Senior Civil Judge and JMFC, Channarayapatna whereby - 3 - NC: 2025:KHC:7482 WP No. 32834 of 2024 the application filed by the decree-holder under Order 21 Rule 54 in Execution No.56/2015 has been allowed. 2. The decree-holder filed a suit for specific performance of the contract in O.S.No.44/2010. The trial court decreed the suit on 24.03.2015. The relief of specific performance of contract has been dismissed. The alternative relief that defendant Nos.1 to 3 are liable to refund the advance amount of Rs.3,00,000/- with 6% interest was granted. In respect of defendant No.4, the petitioner herein, the suit was dismissed. 3. The learned counsel for the petitioner/judgment debtor No.4 contended that when the suit against defendant No.4 was dismissed, the petitioner cannot be a judgment debtor, the property which is sought for attachment under the application is allotted to the petitioner in the partition and that property cannot be attached. 4. The learned counsel for the decree-holder contended that since the first defendant in the suit is the - 4 - NC: 2025:KHC:7482 WP No. 32834 of 2024 father of the petitioner herein and since the first defendant died, as the legal representative, the petitioner is liable to pay the liability fastened on her father. Therefore, the decree-holder filed an application for attachment of the property belonging to the petitioner herein. 5. Be that as it may. The Executing Court, while allowing the application has not given any finding as to whether the petitioner is liable to pay the decreetal amount. The impugned order is not a speaking order. It requires to be set aside. 6. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 23.08.2024 passed by the Executing Court on an application under Order XXI Rule 54 of CPC in Ex.No.56/2015 is set aside. (iii) The Executing Court is directed to re-consider the application filed by the decree-holder under Order XXI - 5 - NC: 2025:KHC:7482 WP No. 32834 of 2024 Rule 54 of CPC, in accordance with law, after giving opportunity to both the parties. (iv) All the contentions of the parties are kept open. (v) In view of disposal of the main petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 51