- 1 - HC-KAR NC: 2025:KHC-D:14137 WP No. 107671 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107671 OF 2025 (GM-CPC) BETWEEN: SANTOSH S/O FAKIRAPPA ANJI @ MANE, AGE. 55 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. NEAR HEN FARM, HANUMANT NAGAR, LINGARAJ NAGAR (NEAR SAMPIGE NAGAR AND SHREYA NAGAR), HUBBALLI, DIST. DHARWAD. … PETITIONER (BY SRI. A.P. MURARI, ADVOCATE) AND: 1. MEHABOOBSAB S/O DAVALSAB KALKERI, AGE. 70 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. DHARWAD, NOW AT HANGARAKI CROSS, TADAKOD ROAD, HANGARAKI, TQ. AND DIST. DHARWAD-580 001. 2. RENUKA W/O FAKIRAPPA ANCHI @ MANE, AGE. 69 YEARS, OCC. HOUSEHOLD WORK, R/O. LAXMI ONI, LINGARAJ NAGAR, HUBBALLI, DIST. DHARWAD-580 031. 3. ASHOK S/O FAKIRAPPA ANCHI @ MANE, AGE. 49 YEARS, OCC. BUSINESS, R/O. LAXMI ONI, LINGARAJ NAGAR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14137 WP No. 107671 of 2025 HUBBALLI, DIST. DHARWAD-580 031. 4. VIJAYLAXMI W/O UMESH SALUNKE, AGE. 43 YEARS, OCC. HOUSEHOLD WORK, R/O. LAXMI ONI, LINGARAJ NAGAR, HUBBALLI, DIST. DHARWAD-580 031. 5. AKKUBAI W/O SAMBAJI HAVALDAR, AGE. 59 YEARS, OCC. HOUSEHOLD WORK, R/O. SANTOJI CHAWL, VINAYAK NAGAR, NAVALUR, TQ. AND DIST. DHARWAD-580 009. 6. KRISHNAJI S/O BASAVANTAPPA ANCHI, AGE. 61 YEARS, OCC. AGRICULTURE, R/O. SANTOJI CHAWL, VINAYAK NAGAR, NAVALUR, TQ. AND DIST. DHARWAD-580 009. … RESPONDENTS (BY SRI. I.Y. PATIL, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OR ORDER OR DIRECTIONS IN THE NATURE OF WRIT OF CERTIORARI, SETTING ASIDE THE IMPUGNED ORDER DATED 01.09.2025 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, DHARWAD, IN EXECUTION NO.90/2024 PRODUCED AT ANNEXURE-G; DISMISS THE APPLICATION I.A. NO.III FILED UNDER ORDER XXI RULE 34 READ WITH 151 CPC FILED BY THE DECREE HOLDER AT ANNEXURE-E AND PETITIONERS CRAVE THE LEAVE OF THIS COURT TO PRODUCE ADDITIONAL GROUNDS IF REQUIRED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14137 WP No. 107671 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner, assailing the order dated 01.09.2025 passed in E.P.No.90/2024 by the Principal Senior Civil Judge, Dharwad1, on I.A.No.III filed under Order XXI Rule 34 r/w Section 151 of the Code of Civil Procedure, 19082. 2. In terms of the said order, the Executing Court allowed the application filed by the decree holder to execute a decree by appointing a Court Commissioner. The decree, which is sought to be executed, is a decree for specific performance of contract. The decree is passed on 28.02.2024 in O.S.No.506/2015 on the file of Principal Senior Civil Judge, Dharwad. It is stated that a Regular First Appeal is pending before this Court in RFA No.100266/2024. 3. Learned counsel for the petitioner submits that the decree was initially passed against defendants No.1 to 4. In the appeal referred to above, the operation of the decree has been stayed insofar as defendants No.2 to 4 are concerned. Thus, he 1 Hereinafter referred to as the ‘Executing Court’ 2 Hereinafter referred to as the ‘CPC’ - 4 - HC-KAR NC: 2025:KHC-D:14137 WP No. 107671 of 2025 would contend that, since the appeal is pending and the decree has not yet attained finality, the Trial Court could not have proceeded to execute the decree in respect of the share of defendant No.1. 4. Learned counsel for the petitioner submits that the partition referred to by the petitioner was not brought to the notice of the petitioner. He submits that, in terms of the decree, the petitioner is entitled to 1/4th share in the property measuring 3 acres 30 guntas. 5. Learned counsel for the respondents/plaintiffs would submit that the partition deed at Ex.P10 is produced before the Trial court and the petitioner has not questioned the said partition. 6. The subject matter of the appeal is the decree for specific performance and not the document marked as Ex.P1, which is the registered partition deed. As per the said registered partition deed, an extent of 1 acre 20 guntas was allotted to the share of defendant No.1, in whose favour there is no stay order. - 5 - HC-KAR NC: 2025:KHC-D:14137 WP No. 107671 of 2025 Therefore, the decree is executable insofar as it pertains to the property of defendant No.1. 7. This Court does not find any error in the order passed by the Trial Court, appointing a Court commissioner to execute the Sale Deed pursuant to the decree, in respect of the property allotted to defendant No.1. 8. The writ petition is dismissed accordingly. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 30