- 1 - HC-KAR NC: 2025:KHC-D:16076 WP No. 105416 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105416 OF 2025 (GM-CPC) BETWEEN: SMT. LAKSHMI T. W/O G. TAYAPPA, AGED ABOUT 63 YEARS, AGRICULTURIST, R/O. 19TH WARD, MEDAR ROAD, KURUBARA ONI, HOSAPETE TOWN, DIST. VIJAYANAGARA-583 201. … PETITIONER (BY SRI. T. HANUMAREDDY, ADVOCATE) AND: 1. B.K. RAMALINGAPPA, SINCE DEAD BY HIS LR’S., SMT. JAYALAKSHMI W/O. LATE B.K. RAMALINGAPPA, AGED ABOUT 71 YEARS, 2. K. GANESHMURTHY S/O. LATE B.K. RAMALINGAPPA, AGED ABOUT 43 YEARS, 3. K. SAIKUMAR S/O. LATE B.K. RAMALINGAPPA, AGED ABOUT 39 YEARS, ALL ARE AGRICULTURISTS, R/O. BELGODUHAL VILLAGE, NEAR KAMPLI, HOSAPETE TALUK-583 201. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.25 11:59:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16076 WP No. 105416 of 2025 4. SRI. KAAKARLA GOPAL, DEAD BY LR’S., K. NAGARATNAMMA W/O. LATE SRI. K. GOPAL, AGED ABOUT 71 YEARS, R/O. WARD NO.4/6TH, 9TH CROSS, VINAYAKA NAGARA, NELLUDIKOTTAL, MUDDAPUR NO.10, KAMPLI, HOSAPETE TALUK, DIST. BALLARI-583 132. 5. K. RAMAKRISHNA S/O. SRI. LATE K. GOPAL, AGED ABOUT 52 YEARS, R/O. WARD NO.7, KAMPLI-KOTTAL, MUDDAPUR NO.10, KAMPLI, HOSAPETE TALUK, DIST. BALLARI-583 132. … RESPONDENTS ( NOTICE TO R1 TO R5 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 APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE IMPUGNED ORDER DATED 23/06/2025 AS PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., HOSAPETE IN E.P. NO.54/2017 ON IA NO.6 PRODUCED AT ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16076 WP No. 105416 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 23.06.2025 passed on I.A.No.VI filed under Order XXI Rules 96 to 101 of the Code of Civil Procedure, 19081, in Execution Petition No.54/2017 on the file of Principal Senior Civil Judge, Hosapete. 2. Learned counsel appearing for the petitioner submits that the petitioner’s application under Order XXI Rules 96 to 101 of the Code filed in E.P.No.54/2017 is not considered on merits and it is rejected without holding any inquiry. 3. It is the submission of the learned counsel appearing for the petitioner that the petition property originally belonged to her father, K. Lingappa, who died intestate. Upon his death, the property was inherited by the petitioner, her mother, and her brother. It is further submitted that the petitioner’s brother without her knowledge, had his name entered in the property records and, again without her knowledge, executed an 1 For short, ‘Code’ - 4 - HC-KAR NC: 2025:KHC-D:16076 WP No. 105416 of 2025 agreement for sale in favour of one Kaakarla Gopal. The present respondents No.4 and 5 are the legal representatives of the said Kaakarla Gopal. 4. It is submitted that Kaakarla Gopal filed a suit for specific performance, which was decreed. The appeal filed against the said judgment and decree was dismissed. 5. The petitioner came to know about the alleged agreement of sale and the consequent decree only when the execution petition was filed. The petitioner then moved an application asserting her claim that she holds a 1/3rd undivided share in the property, and same was rejected on the premise that the petitioner had not produced any records to establish her independent right over the property. 6. Learned counsel for the petitioner would fairly submit that no such record was produced before the Trial Court. However, records are produced before this Court. Attention of the Court is invited to the record of rights pertaining to Sy.No.39B of Kampli village. The record of rights would reveal the name of K. Lingappa in the year 1967-68. It is noticed from - 5 - HC-KAR NC: 2025:KHC-D:16076 WP No. 105416 of 2025 the property records placed before the Court that, at one point of time, property stood in the name of the petitioner's father. That gives an indication that the petitioner might have acquired right over the property after the demise of her father. 7. On what basis, the name of K. Ramalingappa, the petitioner's brother, is entered in the property records is not forthcoming. 8. Under these circumstances, the matter requires reconsideration by the Trial Court. 9. Hence the following: ORDER a) The writ petition is allowed. b) The order dated 23.06.2025 passed on I.A.No.VI filed under Order XXI Rules 96 to 101 of the Code of Civil Procedure, 1908, in Execution Petition No.54/2017 on the file of Principal Senior Civil Judge, Hosapete, is set aside. - 6 - HC-KAR NC: 2025:KHC-D:16076 WP No. 105416 of 2025 c) The matter is remitted to the Trial Court to hold fresh inquiry relating to the petitioner's claim. d) The petitioner shall produce all the records in support of her claim. e) The Trial Court shall also offer an opportunity to all parties before the Court to lead the evidence. Thereafter, there has to be an appropriate order. f) Till the adjudication is complete, the Sale Deed shall not be executed in favour of the decree holder. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 68