- 1 - NC: 2025:KHC-D:1097 CRP No. 100067 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100067 OF 2023 (-) BETWEEN: PALAXAYYA SHANKRAYYA AMARGOL HIREMATH SINCE DECEASED BY HIS LRS 1. SHRI. CHANNAVEERASWAMI S/O. PALAXAYYA HIREMATH, AGE. 57 YEARS, OCC. CONDUCTOR IN KSRTC, R/O. CHURCHIHALMATH CHAWL, ANNA DANESHWARA NAGAR, CHAWL KOPPAL CROSS ROAD, MUNDARGI - 582118 DIST. GADAG. 2. SMT. JAYASHREE W/O. NIJAGUNAYYA HIREMATH, AGE: 69 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O: C/O: SHANTAMMA KOLAKAR, HANUMANTHA NAGAR, SANMATI LAYOUT, NEAR GLOBAL COLLEGE, UNAKAL, HUBBALLI-580031, DIST: DHARWAD. 3. SMT. DAXAYANI @ CHAMPAVATI W/O. BASAVANNAYYA HIREMATH, AGE: 64 YEARS, OCC: RETIRED TEACHER, R/O: SANDIGAWAD VILLAGE, TAL: RON, DIST: GADAG. …PETITIONERS (BY SRI. S.M.PATIL AND M.V. PATIL, ADVOCATES) MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:00:49 +0530 - 2 - NC: 2025:KHC-D:1097 CRP No. 100067 of 2023 AND: 1 SHRI. SHANTVEERA SWAMI S/O. ANDANAYYA AMARGOL HIREMAT, AGE: 57 YEARS, OCC: SERVICE, R/O: KUSHTAGI-584121 DIST: KOPPALA. 2 SMT. SHAKUNTALA @ SULOCHANA W/O. SOMANATHASWAMY KALMATH, AGE: 67 YEARS, OCC: HOUSEHOLD, R/O: NO.281, KHAJANE BADAVANE, KERMAGALLI BHOGADI, II STAGE, BEHIND CHIRST PUBLIC SCHOOL, POST: BHOGADI, MYSORE-570026. SMT. ANDAVVA W/O. VEERABHADRAYYA AMARGOL HIREMATH, SINCE DECEASED BY HER LRS. 3 SMT. GANGAVVA W/O, RACHAYYA CHIKMATH, AGE: 75YEARS OCC: HOUSEWIFE, R/O: SURKOD -582207 TAL: NARAGUND, DIST: GADAG. 4 SMT. SHARAVVA W/O. MUTTAYYA HIREMATH, AGE: 77 YEARS OCC: HOUSEWIFE R/O: GONNAGAR VILLAGE-591127 TAL: RAMDURGA, DIST:BELAGAVI. 5 SHRI. SHEKHARAYYA S/O. VEERABHADRAYYA HIREMATH, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: AMARGOL VILLAGE CROSS, AMARGOL VILLAGE-582208, TAL: NAVALGUND, DIST: DHARWAD. 6 SHRI. RUDRAYYA S/O. VEERABHDRAYYA HIREMATH, AGE: 64 YEARS, R/O: AMARGOL VILLAGE CROSS, AMARGOL VILLAGE-582208, TAL: NAVALGUND, DIST: DHARWAD. - 3 - NC: 2025:KHC-D:1097 CRP No. 100067 of 2023 7 SHRI. IRAYYA S/O. VEERABHDRAYYA HIREMATH, AGE: 62 YEARS, R/O: AMARGOL VILLAGE CROSS, AMARGOL VILLAGE-582208, TAL: NAVALGUND, DIST: DHARWAD. 8 SMT. IRAVVA LINGAYYA SHASTRI HIREMATH, AGE: 79 YEARS OCC: HOUSEHOLD, R/O: HIREVANKALAKUNTI VILLAGE-583236, TAL:YALBURGA, DIST: GULBARGA. SMT. RACHAVVA W/O. SANGANABASAYYA AMARGOL HIREMATH, SINCE DECEASED BY HER LR’S 9 SHRI. GURUPADAYYA S/O. SANGANABASAYYA HIREMATHA AGE: 66 YEARS, OCC: AGRICULTURE, R/O: AMARGOL VILLAGE CROSS, AMARGOL VILLAGE-582208, TAL:NAVALGUND, DIST: DHARWAD. 10 RUDRAYYA S/O. SANGANABASAYYA HIREMATHA, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: AMARGOL VILLAGE CROSS, AMARGOL VILLAGE - 582208, TAL:NAVALGUND, DIST: DHARWAD. 11 SHRI. SHARANAYYA S/O. PANCHAKSHARAYYA HIREMATH, AGE: 60 YEARS, OCC: GOVT SERVICE, R/O: GOVT HOSPTIAL, GANGAVATI-583227 DIST: KOPPALA. 12 SHRI. SHANTAYYA S/O. SANGANABASAYYA HIREMATH, AGE: 53 YEARS OCC: PRIVATE SERVICE, R/O: KENCHANAGOUDRA ONI, UNAKAL, HUBBALLI-580031, DIST: DHARWAD. - 4 - NC: 2025:KHC-D:1097 CRP No. 100067 of 2023 13 SMT. GURAMMA W/O. SHIVAPUTRAYYA HIREMATH, AGE: 75 YEARS, OCC: HOUSEWIFE, R/O: SANGALA VILLAGE-591127. TAL: RAMDURGA DIST: BELAGAVI. 14 SMT. PARAMMA D/O. SANGANABASAYYA HIREMATH, AGE: 59 YEARS, OCC: HOUSEWIFE, R/O: ACHCHAVVANA COLONY, UNAKAL HUBBALLI-580031, DIST: DHARWAD. 15 SMT. SHIVAGANGAWWA W/O. PANCHAXARAYYA SHASTRI HIREMATH, AGE: 83 YEARS, OCC: HOUSEHOLD, R/O: MUJARE KODIKOPPA, NAREGALLA -582233, TAL:RON DIST: GADAG. 16 SHRI. BASAVARAJ S/O. PALAXAYYA AMARGOL HIREMATH, AGE 76 YEARS, OCC. NIL, R/O H.NO. 19/17 LOHIYA NAGAR, HUBBALLI 580030 DIST. DHARWAD. …RESPONDENTS (BY SRI. DAYANAND M BANDI, ADVOCATE FOR R1; R2 – R16 – NOTICE IS DISPENSED WITH) ------ THIS CRP IS FILED UNDER SEC.115 OF CPC, PRAYING TO ALLOWED AND THE ORDER DATED 04.03.2023 IN EX.P NO.9/2017 PASSED BY SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RON, REJECTING THE APPLICATION UNDER SECTION 47 OF CIVIL PROCEDURE CODE, MAY PLEASE BE SET ASIDE AND THE EXECUTING COURT MAY PLEASE BE DIRECTED TO REJECT THE REPORT SUBMITTED BY THE COURT BAILIFF, IN PURSUANCE OF THE POSSESSION WARRANT ISSUED BY THE EXECUTING COURT, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: - 5 - NC: 2025:KHC-D:1097 CRP No. 100067 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard Sri.S.M.Patil, learned counsel appearing for the petitioners and Sri.Dayanand M Bandi, learned counsel appearing for the respondent No.1. 2. This revision petition is filed under Section 115 of the Code of Civil Procedure1 challenging the order dated 04.03.2023 in Execution Petition No.9/2017 on the file of the Senior Civil Judge and JMFC, Ron, Gadag. 3. It is contended by the learned counsel appearing for the petitioners that the Trial Court has committed an error in dismissing the application filed by the respondents/petitioners herein under Section 47 of CPC and he further contended that the decree passed by the Trial Court is not executable one and accordingly sought for interference of this Court. 4. Per contra, Sri.Dayanand M Bandi, learned counsel appearing for the respondents submitted that the 1 Hereinafter referred to as ‘CPC’ - 6 - NC: 2025:KHC-D:1097 CRP No. 100067 of 2023 decree before the Executing Court has reached finality in view of the judgment and decree passed by this Court in RSA No.5115/2010 and thereafter the petitioners herein have filed O.S.No.83/2018 and same came to be dismissed against which RFA No.100155/2021 is pending consideration before this Court and accordingly sought for dismissal of the petition. 5. Having heard the learned counsel appearing for the parties, it is not in dispute that the respondents herein have filed suit in O.S.No.71/1981 seeking relief of declaration and injunction and also sought for recovery of possession which came to be decreed by the Trial Court by judgment and decree dated 17.08.1984 (Annexure-B), against which the petitioners herein have preferred R.A.No.3/2004 and the said appeal came to be dismissed and thereafter the petitioners herein have preferred RSA No.5115/2010 which also came to be dismissed by this Court and accordingly the judgment and decree passed by the Trial Court has reached finality. Thereafter, the - 7 - NC: 2025:KHC-D:1097 CRP No. 100067 of 2023 plaintiffs have filed Execution Petition No.9/2017 and perusal of the order sheet in Execution Petition No.9/2017 makes it clear that the possession of the suit schedule property has been handed over to the decree holders/plaintiffs/respondents herein. 6. It is also to be noted that the petitioners herein have filed O.S.No.83/2018 seeking relief of declaration which came to be dismissed by the Trial Court on 27.08.2021 and being aggrieved by the same, the petitioners herein have preferred RFA No.100155/2021 which is pending consideration before this Court. Taking into consideration the finding recorded by the Trial Court and also the declaration of law made by the Hon’ble Supreme Court in the case of State of Punjab and Others vs. Mohinder Singh Randhawa and Another reported in AIR 1992 SC 473, I am of the view that in the absence of challenge to the decree and further the judgment and decree passed by the Trial Court in O.S.No.71/1981 has reached finality in RSA No.5115/2010 - 8 - NC: 2025:KHC-D:1097 CRP No. 100067 of 2023 dated 06.01.2016 (Annexure-G) and therefore I am of the view that no interference is called for in this petition, wherein this Court is having limited scope to interfere under Section 115 of the CPC. Hence, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 26