- 1 - HC-KAR NC: 2025:KHC:38522 WP No. 20649 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 20649 OF 2024 (GM-CPC) BETWEEN: 1. SMT KAMALAMMA, W/O LATE GOPALA REDDY, AGED ABOUT 74 YEARS, 2. SRI ANJAN REDDY, S/O G.RAMESH REDDY, AGED ABOUT 22 YEARS, 3. SRI MOHIT REDDY, S/O G.RAMESH REDDY, AGED ABOUT 21 YEARS, 4. SRI G.ANAND REDDY, S/O LATE GOPALA REDDY, AGED ABOUT 52 YEARS, PETITIONERS NO.1 TO 4 ARE R/AT: NO.1014/7, 3RD MAIN, 3RD CROSS, A.R.AVENUE, NEW THIPPASANDRA, BANGALORE-560 075. 5. SMT G.ANITHA, D/O LATE GOPALA REDDY, W/O S.R.NAVEEN KUMAR, Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38522 WP No. 20649 of 2024 AGED ABOUT 50 YEARS, RESIDING AT NO.508, AVS REDDY BUILDING, MUNEKOLLALUHALLI, MARATH HALLI, BANGALORE-560 037. 6. SMT G.MANJULA, D/O LATE GOPALA REDDY, AGED ABOUT 57 YEARS, RESIDING AT NO.100, 3RD CROSS, 3RD MAIN, GOPAL REDDY COMPOUND, NEW THIPPASANDRA, BANGALORE -560 075. …PETITIONERS (BY SRI.SAILESH S KATAREY., ADVOCATE) AND: SMT J.ARUNAKUMARI, W/O M.SRINIVASALU NAIDU, AGED ABOUT 63 YEARS, NO. L-89, 3RD A MAIN ROAD, 14TH CROSS, HSR VI SECTOR, BANGALORE-560 102. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) SET ASIDE THE ORDER PASSED BY THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN EXECUTION NO.25314/2019 DATED 07.04.2021 AS PER ANNEXURE-A. (B) GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER PASSED BY THE COURT OF THE CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN EXECUTION NO.25314/2019, PENDING DISPOSAL OF THIS WRIT PETITION. - 3 - HC-KAR NC: 2025:KHC:38522 WP No. 20649 of 2024 THIS PETITION, COMING ON FOR PRELIMARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER Heard the learned counsel for the petitioners. 2. This petition has been filed seeking the following reliefs: a. Set aside the order passed by the LVII Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, in Execution No.25314/2019 dated 07.04.2021, as per Annexure A. b. For costs and such other relief that this Hon'ble Court deems fit, in the interest of Justice and Equity. 3. On 07.04.2021 the Executing Court passed the following order on the application moved by the decree holder. "Advocate for Dhr present and filed a memo stating that the Commissioner appointed by this court in its order dtd. 07.01.2020 has retired from the service. Hence, prays to appoint fresh Commissioner. The Decree Holder suggested the name of the Commissioner i.e. Mr. R. Satheesh, Advocate, Enrollment no.2773/2003, No. 27, Thoppe Mudaliar Street, Shivajinagar, Bengaluru 560 001, Mobile No.9845808350. Memo with draft Sale Deed filed. Mr. R. Satheesh, Advocate, Enrollment no.2773/2003, No. 27, Thoppe Mudaliar Street, Shivajinagar, Bengaluru 560 001, Mobile - 4 - HC-KAR NC: 2025:KHC:38522 WP No. 20649 of 2024 No.9845808350 appointed as a Commissioner to execute the Registered Sale Deed in favour of the plaintiff. Commissioner fee is fixed Rs.5,000/- Issue Commissioner warrant by 24.06.2021." 4. The contention is that the suit for specific performance was decreed ex-parte and the execution petition Ex.P.No.25314/2019 was filed seeking the execution of the sale deed. By the impugned order, a fresh Advocate Commissioner was appointed and the Commissioner was ordered to execute a registered sale deed in favour of the plaintiff. It is admitted by the learned counsel for the petitioners that the sale deed has been executed. 5. It is stated that the petitioners had no knowledge of the execution case No.25314/2019. It is stated that however, when thereafter a fresh execution case has been filed by the decree holder bearing execution case No.25086/2024 seeking possession of the property mentioned in the decree, that the defendants/judgment debtor came to know of the existence of the suit and the various orders passed. It is stated that application for setting aside the execution petition decree under - 5 - HC-KAR NC: 2025:KHC:38522 WP No. 20649 of 2024 Order 9 Rule 13 of Code of Civil Procedure, 19081 has been filed by the petitioners on 25.04.2024, which is still pending. 6. In this petition, however, only setting aside of the order dated 07.04.2021 passed by the executing Court in E.C.No.25314/2019 has been sought. In considered opinion of the Court, this petition is misconceived. When the admitted fact is that the sale deed has been executed, it is for the petitioners to seek their remedy before the competent Court in respect of the application under Order 9 Rule 13 of CPC that is alleged to have been filed by the petitioners or seek such other remedy as may be advised. No interference is called for in the instant case. This petition is accordingly dismissed. Sd/- (JAYANT BANERJI) JUDGE BVK List No.: 1 Sl No.: 12 1 CPC