- 1 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.102712 OF 2025 (GM-CPC) C/W WRIT PETITION NO.102711 OF 2025 (GM-CPC) IN W.P. NO.102712 OF 2025: BETWEEN: 1. 2. 3. 4. 5. SHRI. BASAVARAJ AJJAPPA HADAPAD @ NAVALAGI, SINCE DECEASED BY LR’S., SMT. SAROJINI W/O. BASAVARAJ HADAPAD, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. SMT. MANJULA W/O. MAHANTESH NAVALAGI, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O. HUNASAWAD, TQ: HALIYAL, DIST: KARAWAR-581 356. SMT. LAXMI W/O. SHIVANAD NAVALAGI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. HUNASAWAD, TQ: HALIYAL, DIST: KARAWAR-581 356. SMT. LALITA W/O. MAHANTESH HAMPANNAVAR, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. BASAVESHWAR ASHRAY NAGAR, DEVALAPUR ROAD, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591 102. SMT. SUMITRA W/O. SHIVANAND HADAPAD, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.29 11:19:40 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 6. 7. 8. 9. AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O. GARAG, TQ: AND DIST: DHARWAD-580 105. SMT. SHRIDEVI W/O. MANJUNATH HADAPAD, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O. MADNUR, TQ: SAVADATTI, DIST: SAUNDATTI-591 213. SHRI. AJJAPPA BASAVARAJ HADAPAD, AGE: 27 YEARS, OCC: AGRICULTURE, R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. KUMAR. CHARANAKUMAR BASAVARAJ HADAPAD, AGE: 18 YEARS, OCC: STUDENT, R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. KUMARI. VAISHNAVI BASAVARAJ HADAPAD, AGE: 15 YEARS, OCC: STUDENT, R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. (SINCE MINOR REPRESENTED BY NATURAL MOTHER PETITIONER NO.1) … PETITIONERS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: 1. 2. 3. 4. SMT. YALLAWWA W/O. CHANNAPPA CHABBI, AGE: 73 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, SMT. HEMA W/O. ISHWAR CHABBI, AGE: 36 YEARS, OCC: HOUSEHOLD, KUMAR. UMESH S/O. ISHWAR CHABBI, AGE: 19 YEARS, OCC : STUDENT, KUMARI. CHAITRA D/O. ISHWAR CHABBI, - 3 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 5. AGE: 16 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, SINCE MINOR REPRESENTED BY HER NATURAL MOTHER RESPONDENT NO.2. SMT. DYAMAVVA AJJAPPA HADAPAD, SINCE DECEASED PETITIONER NO.1 TO 9 ARE LR’S. OF RESPONDENT NO.5 ALL THE RESPONDENT NO.1 TO 5 ARE R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. … RESPONDENTS (BY SRI. GIRISH HIREMATH, ADVOCATE FOR R1 AND R2; NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING ORDER DATED 08/04/2025 PASSED BY THE C/C ADDL. CIVIL JUDGE AND JMFC, BAILHONGAL IN E.P. NO.49/2023 ON I.A. NO.III VIDE ANNEXURE-L BY ALLOW THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN W.P. NO.102711 OF 2025: BETWEEN: 1. 2. SHRI. BASAVARAJ AJJAPPA HADAPAD @ NAVALAGI, SINCE DECEASED BY LR’S., SMT. SAROJINI W/O. BASAVARAJ HADAPAD, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. SMT. MANJULA W/O. MAHANTESH NAVALAGI, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O. HUNASAWAD, TQ: HALIYAL, - 4 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 3. 4. 5. 6. 7. 8. 9. DIST: KARAWAR-581 356. SMT. LAXMI W/O. SHIVANAD NAVALAGI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. HUNASAWAD, TQ: HALIYAL, DIST: KARAWAR-581 356. SMT. LALITA W/O. MAHANTESH HAMPANNAVAR, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. BASAVESHWAR ASHRAY NAGAR, DEVALAPUR ROAD, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591 102. SMT. SUMITRA W/O. SHIVANAND HADAPAD, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O. GARAG, TQ: AND DIST: DHARWAD-580 105. SMT. SHRIDEVI W/O. MANJUNATH HADAPAD, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O. MADNUR, TQ: SAVADATTI, DIST: SAUNDATTI-591 213. SHRI. AJJAPPA BASAVARAJ HADAPAD, AGE: 27 YEARS, OCC: AGRICULTURE, R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. KUMAR. CHARANAKUMAR BASAVARAJ HADAPAD, AGE: 18 YEARS, OCC: STUDENT, R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. KUMARI. VAISHNAVI BASAVARAJ HADAPAD, AGE: 15 YEARS, OCC: STUDENT, R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. (SINCE MINOR REPRESENTED BY NATURAL MOTHER PETITIONER NO.1) … PETITIONERS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) - 5 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 AND: 1. 2. 3. 4. 5. SMT. YALLAWWA W/O. CHANNAPPA CHABBI, AGE: 73 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, SMT. HEMA W/O. ISHWAR CHABBI, AGE: 36 YEARS, OCC: HOUSEHOLD, KUMAR. UMESH S/O. ISHWAR CHABBI, AGE: 19 YEARS, OCC : STUDENT, KUMARI. CHAITRA D/O. ISHWAR CHABBI, AGE: 16 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, SINCE MINOR REPRESENTED BY HER NATURAL MOTHER RESPONDENT NO.2. SMT. DYAMAVVA AJJAPPA HADAPAD, SINCE DECEASED, PETITIONER NO.1 TO 9 ARE LEGAL REPRESENTATIVE OF RESPONDENT NO.5 ALL THE RESPONDENT NO.1 TO 5 ARE R/O. TARAKARSHIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591 115. … RESPONDENTS (BY SRI. GIRISH S. HIREMATH, ADVOCATE FOR R1 AND R2; NOTICE TO R3 IS SERVED; R4 IS MINOR R/BY MOTHER/GUARDIAN R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING ORDER DATED 08/04/2025 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, BAILHONGAL IN E.P. NO.48/2023 ON I.A. NO.III VIDE ANNEXURE-L BY ALLOW THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. - 6 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. These petitions are filed assailing the orders dated 08.04.2025 passed on I.A.No.III in E.P.Nos.48 and 49 of 2023, on the file of learned Principal Civil Judge, Bailahongal. 2. In terms of the said orders on I.A.No.III filed by the Judgment Debtors raising the issue of maintainability of the execution petition, is rejected. Hence, the Judgment Debtors are before this Court. 3. Certain facts are admitted. 4. Suit in O.S No.5 of 2016 was filed seeking partition and separate possession by the present petitioners. The said suit was filed against one Basavaraja S/o Ajjappa Hadapad. The said suit is decreed holding that the plaintiffs are entitled 32/36th share in the suit schedule property. - 7 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 5. It is an admitted fact that the final decree proceeding in FDP No.7/2019 was filed pursuant to the preliminary decree in the aforementioned suit and final decree is drawn. As per the final decree, 4/36th share is allotted to the share of Basavaraj Hadapad, the defendant in the original suit. 6. It is also noticed that said Basavaraj Hadapad had executed two agreements for sale in favour of Channappa Chabbi-the predecessor in title of respondents No.1 to 4. The suits are filed in O.S.No.34/2019 and O.S. No.35/2019 for specific performance against Basavaraj Hadapad and the suit is decreed. The decrees in the said suits in O.S.No.34/2019 and O.S. No.35/2019, on the file of Additional Civil Judge, Bailahongal were sought to be executed in E.P.No.48 and 49 of 2023. 7. The petitioners raise maintainability issue on the premise that the judgment debtor in a suit for - 8 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 specific performance namely, Basavaraj S/o Ajjappa Hadapad does not have the title over the entire property and his title is only confined to 4/36th share as held in FDP No.7 of 2019. The Trial Court rejected the application on the premise that the decrees in O.S.Nos.34 and 35 of 2019, have attained finality. 8. It is an admitted fact that suit in O.S.No.34/2019 is filed in respect of 1 acre of land and suit in O.S.No.35/2019 is filed in respect of 20 guntas of land in Sy.No.163 situated at Turakarashigihalli village of Bailahongal Taluk. 9. Learned counsel for the petitioners would submit that impugned orders are unsustainable as the said orders, ignore the decree in FDP No.7/2019. 10. Learned counsel the respondents would contend that the decree in O.S.Nos.34 and 35 of 2019 should be given effect to. - 9 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 11. There is an adjudication relating to the nature of the property in the preliminary decree in O.S.No.5/2016 and same is finalized in terms of the FDP No.7/2019. In the said decree, Basavaraj Hadapad is allotted 4/36th share in the suit property. 12. Under these circumstances, the decree for specific performance of contract can only be in respect of 4/36th extent of land allotted to the share of Basavaraj Hadapad. The Trial Court ignored this fact. In case the decree in O.S.Nos.34 and 35 of 2019 are given effect to, then the aforementioned decrees in O.S.No.5 of 2016 and FDP No.7 of 2019, will be ineffective and it amounts to setting aside the aforementioned decrees, which have attained finality. 13. Hence, the decree for specific performance of contract is permissible only to the extent of 4/36th - 10 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 of land allotted to the share of Basavaraj Hadapad the vendor. 14. At the same time, it is also required to be noticed that Basavaraj Hadapad had received Rs.2,95,000/- the consideration amount agreed under the aforementioned agreements for sale, in respect of the property referred to above. Since the Decree Holders in the suit for specific performance are not getting the sale deed for the entire extent of 1-acre 20-guntas agreed to be sold and the sale deed will have to be executed only to the extent of share of the vendor Basavaraj Hadapad allotted in F.D.P. No.7/2019, the excess amount received by Basavaraj Hadapad have to be refunded to respondents No.1 to 4 by the petitioners. 15. It is stated that Rs.2,00,000/- was paid in the year 2011 and Rs.95,000/- was paid in the year 2019 i.e., on 16.12.2019. Under these circumstances, the - 11 - HC-KAR NC: 2025:KHC-D:16310 WP No. 102712 of 2025 C/W WP No. 102711 of 2025 Court is of the view that the justice would be done in case the petitioners are directed to pay excess amount to respondents No.1 to 4 with interest rate of 7% per annum from the date of the respective agreements. 16. The interest shall be calculated on the amount payable from the date of agreements. 17. The Executing Court shall proceed to execute the sale deed in respect of the share of vendor Basavaraj Hadapad as awarded to him in F.D.P. No.7 of 2019. 18. With these observations, the writ portions are allowed in part. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 27