- 1 - HC-KAR NC: 2025:KHC:41210 WP No. 39054 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 39054 OF 2018 (GM-CPC) BETWEEN: MUDDALAKKEGOWDA S/O HONNEGOWDA, AGED ABOUT 78 YEARS R/AT GOWDAGERE VILLAGE KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116. …PETITIONER (BY SRI RAGHAVENDRA RAO K, ADV.) AND: 1. SHIVEGOWDA S/O HONNEGOWDA SINCE DEAD, HIS WIFE IS ALREADY ON RECORD AS RESPONDENT NO.2 AND OTHER LRS R1(a) G.S. VENKATESHMURTHY S/O LATE SHIVEGOWDA AGED 46 YEARS R/O GODAGERE VILLAGE & POST, KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DIST. - 573 116. R1(b) G.S. GIRISH S/O LATE SHIVEGOWDA AGE 44 YEARS R/O GOWDAGERE VILLAGE & POST KASABA HOBLI, CHANNARAYAPATNA TALUK HASSAN DIST. - 573 116. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41210 WP No. 39054 of 2018 R1(c) SMT. G.S. DHANALAKSHMI D/O LATE SHIVEGOWDA AGE 39 YEARS R/O P. DOSAPURA BHUVANAHALLI POST BOGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116. R1(d) SMT. G.S. MOHANAKUMARI D/O LATE SRI SHIVEGOWDA AGED 36 YEARS R/O MANCHENAHALLI VILLAGE BEKKA POST SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. 2. PUTTA MAYAMMA W/O SHIVEGOWDA AGED ABOUT 66 YEARS ALSO TREATED AS LR OF R-1 R/AT GOWDAGERE VILLAGE KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. …RESPONDENTS (V/O/D 10.04.2023, SERVICE OF NOTICE TO R1(a) & R1(b) IS H/S R1(c), R1(d), R-2 SERVED - UNREPRESENTED) THIS W.P. FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED CIVIL JUDGE AND J.M.F.C, CHANNARAYAPATNA, HASSAN IN EX.CASE NO.54/2017 DTD7.8.2018 FOUND AT ANNEXURE-E ADJOURNING THE MATTER TO 10.9.2018 FOR FILING THE OBJECTIONS WITHOUT RECALLING THE DELIVERY WARRANT AS SOUGHT BY THE PETITIONER IN HIS APPLICATION DTD7.8.2018 FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, ALLOW THIS W.P WITH COSTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B GRUOUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2025:KHC:41210 WP No. 39054 of 2018 ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed seeking the following relief: "WHEREFORE, it is most respectfully praved that this Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned order passed by the learned Civil Judge and J.M.F.C., Channarayapatna, Hassan in Ex.Case No. 54/2017 dated 07.08.2018 found at Annexure-E adjourning the matter to 10.09.2018 for filing the objections without recalling the delivery warrant as sought by the Petitioner in his application dated 07.08.2018 filed under Section 151 of the Code of Civil Procedure, allow this writ petition with costs and grant such other reliefs as this Hon'ble Court may deem fit to grant in the circumstances of the case, in the interest of justice and equity". 2. Heard the learned counsel for the petitioner. Respondents who are served in the matter have remained unrepresented before this Court. 3. Brief facts of the case leading to filing of this petition are as follows, O.S.No.129 of 1999 was filed before the - 4 - HC-KAR NC: 2025:KHC:41210 WP No. 39054 of 2018 jurisdictional Civil Court at Channarayaptna with a prayer for granting decree of declaration and possession of property bearing Survey No. 84/3 situated at Gaudagere Village, Kasaba Hobli, Channarayapatna, totally measuring 10 guntas. The said suit was decreed. Execution case No.54 of 2017 was filed by the Decree Holder with a prayer to direct the defendants to hand over possession of the suit Item No.1 property. In the said proceedings, delivery warrant was issued by the executing Court in respect of the suit Schedule Item No.1 property, which was totally measuring 30 guntas. The judgment debtor had filed an application under Section 151 of CPC contending that out of the 30 guntas of land in Survey No.84/3, an extent of 10 guntas of land was acquired for the purpose of widening of the National Highway and only 20 guntas of land was remaining. Therefore, he had prayed to recall the delivery warrant issued earlier and issue a fresh delivery warrant only in respect of land measuring 20 guntas. The executing Court, vide the order impugned dated 07.08.2018 had adjourned the case to 10.09.2018, for filing objections to the application filed by the Judgment Debtor under Section 151 of CPC. Being aggrieved by the same, the Judgment Debtor is before this Court. - 5 - HC-KAR NC: 2025:KHC:41210 WP No. 39054 of 2018 4. Learned counsel for the petitioner having reiterated the grounds in the petition submits that the executing Court was not justified in adjourning the case on 07.08.2018, for filing objections to the application filed by the petitioner, without recalling the delivery warrant issued earlier. He submits that the recovery warrant should have been at least kept under abeyance, till the application filed under Section 151 of CPC by the Judgment Debtor was considered and disposed of. 5. This Court vide order dated 27.03.2023, taking into consideration the above aspect of the matter has stayed the further proceedings in Execution Case No.54 of 2017. Under the circumstances, I am of the opinion that if this petition is disposed of, directing the trial Court, to consider the application filed by the petitioner under Section 151 of CPC and pass appropriate orders on the same in accordance with law, keeping the delivery warrant issued earlier under abeyance, the same would serve the ends of justice. 6. Accordingly, the following :- - 6 - HC-KAR NC: 2025:KHC:41210 WP No. 39054 of 2018 ORDER Writ petition is disposed of directing the executing Court to consider and dispose of the application filed by the petitioner under Section 151 of CPC on its merits in accordance with law and till the disposal of the said application, the delivery warrant issued earlier shall be kept in abeyance. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS