- 1 - HC-KAR NC: 2025:KHC-D:16785 WP No. 102567 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102567 OF 2023 (GM-CPC) BETWEEN: 1. MALLIKARJUNAPPA S/O BASSAPPA BATTUR, SINCE DECEASED BY LR’S., SMT. NIRMALA W/O MALLIKARJUNAPPA BATTUR, AGE. 59 YEARS, OCC. HOUSEHOLD WORK, R/O. MULGUND, TIGADIKERI ONI, TQ. AND DIST. GADAG-582 117. 2. SMT. BHARATI D/O MALLIKARJUNAPPA BATTUR, AGE. 36 YEARS, OCC. HOUSEHOLD WORK, R/O. MULGUND, TIGADIKERI ONI, TQ. AND DIST. GADAG-582 117. … PETITIONERS (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. YALLAPPA S/O ADIVEPPA BATAKHANI, SINCE DECEASED BY LR’S., BASAVARAJ S/O YALLAPPA BATAKHANI, AGE. 54 YEARS, OCC. AGRI. AND BUSINESS, R/O. TIGADIKERI ONI, MULAGUND-582 117, DIST. GADAG. 2. PRAVEEN S/O YALLAPPA BATAKHANI, AGE. 46 YEARS, OCC. AGRI., R/O. TIGADIKERI ONI, MULAGUND-582 117, DIST/TQ. GADAG. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16785 WP No. 102567 of 2023 3. SMT. SHIVAPUTRAVVA W/O YALLAPPA BATAKHANI, AGE. 73 YEARS, OCC. HOUSEHOLD, R/O. TIGADIKERI ONI, MULAGUND-582 117, DIST/TQ. GADAG. 4. SMT. JAYASHREE W/O NINGAPPA MALLI, AGE. 51 YEARS, OCC. HOUSEHOLD, R/O. SHEKHI ONI, MULAGUND-582 117, DIST/TQ. GADAG. 5. SMT. BHARATI W/O MAHESHAGOUDA KASHATTI, AGE. 49 YEARS, OCC. HOUSEHOLD, R/O. PUTAGAV BADNI-582 116, TQ. LAXMESHWAR, DIST. GADAG. 6. MUTTAPPA S/O MALLIKARJUNAPPA BATTUR, AGE. 38 YEARS, OCC. AGRI., R/O. MULGUND, TIGADIKERI ONI, TQ. AND DIST. GADAG-582 117. 7. GIRIYAPPA S/O MALLIKARJUNAPPA BATTUR, AGE. 34 YEARS, OCC. AGRI., R/O. MULGUND, TIGADIKERI ONI, TQ. AND DIST. GADAG-582 117. … RESPONDENTS (BY SRI. C.S. SHETTAR, ADVOCATE FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT/ORDER/DIRECTION QUASHING IMPUGNED ORDER AT ANNEXURE-A DATED 14TH MARCH, 2023 PASSED BY PRL. CIVIL JUDGE AND JMFC, GADAG IN CIVIL MISC. 15/2021, CONSEQUENTLY DISMISS THE CIVIL MISC.15/2021. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16785 WP No. 102567 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for respondents No.1 to 5. 2. This petition is filed assailing the order dated 14.03.2023 passed in Civil.Mis.No.15/2021 on the file of Principal Civil Judge, Gadag. 3. In terms of the said order, the petitioners’ application to amend the decree passed in O.S.No.389/1993 was allowed, and the extent of the land bearing Sy.No.81/2, measuring 05 acres 36 guntas in Mulgund village, Gadag Taluk, was reduced to 04 acres 34 guntas. 4. The petitioners’ are before this Court on the premise that, in the said Civil Miscellaneous Petition, an application was filed seeking amendment of the prayer as well. Consequently, a petition was filed to incorporate changes in the judgment. However, while the said application was still pending consideration, the petition was allowed, directing amendment of decree passed in O.S.No.389/1993. - 4 - HC-KAR NC: 2025:KHC-D:16785 WP No. 102567 of 2023 5. O.S.No.389/1993 is a suit for specific performance of contract in respect of the property bearing Sy.No.81/2, measuring 5 acress 36 guntas. The said suit was decreed in its entirety, directing the defendant therein to execute a Sale Deed in favour of the predecessors in title of respondent No.1 to 3. 6. Thereafter, one more suit in O.S. No.119/1995 for partition was filed against the judgment debtor in O.S.No.389/1993 by his family members, and the said suit was decreed in part. In the said suit, the Court held that, in the partition, the share of the vendor shall, as far as possible, be allotted in Sy.No.81/2. Thereafter, in the final decree proceeding, 04 acres 34 guntas were allotted to the judgment debtor in O.S.No.389/1993. 7. In the meantime, the petitioner had filed an execution petition to execute the decree in O.S.No.389/1993 and, in the said petition, confined his claim to 04 acres 34 guntas instead of 05 acres 36 guntas, as ordered in the decree for specific performance. The Court Commissioner expressed his inability to execute the decree for 04 acres 34 guntas on the premise that the decree was for 05 acres 36 guntas. - 5 - HC-KAR NC: 2025:KHC-D:16785 WP No. 102567 of 2023 8. In this background, an application was filed seeking amendment of the decree in O.S.No.389/1993 so as to bring it in consonance with the decrees passed in O.S.No.119/1995 and F.D.P.No.6/2003, which had modified the vendor’s share. 9. Learned counsel appearing for the petitioners would contend that there is no prayer to correct the extent in the judgment. Hence, the application to correct the extent in the decree is not maintainable. Moreover, an application was filed to amend the Civil Miscellaneous Petition seeking correction of the decree, and that application is not allowed and not yet heard. Hence, the petition could not have been allowed. 10. Learned counsel appearing for the respondents would contend that the application to amend the decree is filed, as the Court Commissioner expressed his inability to execute the decree for 04 acres 34 guntas in Sy.No.81/2. 11. The Court has considered the contentions raised at the Bar and perused the records. 12. It is indeed true that suit for specific performance in O.S.No.389/1993 was decreed in respect of 05 acres 36 guntas. - 6 - HC-KAR NC: 2025:KHC-D:16785 WP No. 102567 of 2023 However, the subsequent event namely, the decree for partition would indicate that the vendor's right is confined only to 04 acres 34 guntas in Sy.No.81/2. Therefore, the decree can be executed only in respect of 04 acres 34 guntas, since the vendor had only 04 acres 34 guntas in Sy.No.81/2, and not 05 acres 36 guntas, because of the decree passed in F.D.P.No.6/2003. 13. This Court is of the view that the Court Commissioner was required to execute the Sale Deed in respect of 04 acres 34 guntas in Sy.No.81/2. There was no need for the Court Commissioner to opine that he was not in a position to execute the decree due to a discrepancy between the extent mentioned in decree for specific performance and the subsequent decree in F.D.P.No.6/2003. 14. In any case, an application was filed to correct the records, the same has been allowed. This Court does not find any reason to interfere with the said order, which has taken into account subsequent event, namely the suit for partition and the final decree in F.D.P.No.6/2003. 15. Hence, the following: - 7 - HC-KAR NC: 2025:KHC-D:16785 WP No. 102567 of 2023 ORDER a) The petition is dismissed. b) The order dated 14.03.2023 passed in Civil.Mis.No.15/2021 on the file of Principal Civil Judge, Gadag, is confirmed. c) The Court Commissioner shall execute the decree in respect of Sy.No.81/2 of Mulgund village, Gadag Taluk, to the extent of 04 acres 34 guntas in favour of the contesting respondents No.1 to 5. d) The exercise shall be completed within 30 days from today and possession shall also be delivered within 30 days from today. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 3