- 1 - HC-KAR NC: 2025:KHC-D:16040 WP No. 107984 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. 107984 OF 2025 (GM-CPC) BETWEEN: 1. 2. 3. PARMESHWAR S/O NARAYANA DEVADIGA, AGE: 56 YEARS, OCC: TEA SHOP, R/O: NEAR ICE FACTORY, VENKTAPUR, TQ. BHATKAL, DIST: UTTAR KANNADA-581 350. KRISHNA MANJUNATH DEVADIGA, AGE: 28 YEARS, OCC: COOLIE, R/O: NEAR CANARA BANK, VENKTAPUR, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. MOHANA MANJAPPA DEVADIGA, AGE: 31 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. … PETITIONER (BY SRI. D.J. NAIK, ADVOCATE) AND: 1. 2. LAXMI KOM GAJANAN BHANDARI, AGE: 75 YEARS, OCC: PRIVATE WORK, R/O: HABBUVADA, KAIGAROAD, TQ. KARWAR, DIST: UTTAR KANNADA-581 350. NAGAMMA KOM KUPPAYYA DEVADIGA D/O HONNAMMA NARAYAN DEVADIGA, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O: NEAR KAVALAGIMANE TEMPLE, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:30 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16040 WP No. 107984 of 2025 3. 4. 5. 6. 7. 8. 9. SHIRALI-1, TQ. BHATKAL, DIST: UTTAR KANNADA-581 354. SUMITRA KOM ANNAPPA DEVADIGA D/O HONNAMMA NARAYAN DEVADIGA, AGE: 58 YEARS, OCC: HOUSEHOLD DUTIES, R/O: SHIRALI MOLINMANE, BENGRE, TQ. BHATKAL-581 354, DIST: UTTAR KANNADA-581 354. SHANTI KOM PARMESHWAR DEVADIGA, AGE: 46 YEARS, OCC: PRIVATE WORK, R/O: NEAR ICE FACTORY, VENKTAPUR, TQ. BHATKAL, DIST: UTTAR KANNADA-581 350. GANGE MANJUNATH DEVADIGA, AGE: 50 YEARS, OCC: COOLIE, R/O: NEAR CANARA BANK, VENKTAPUR, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. VINAYAK MANJUNATH DEVADIGA, AGE: 24 YEARS, OCC: COOLIE, R/O: NEAR CANARA BANK, VENKTAPUR, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. SHASHIKALA MANJUNATH DEVADIGA KOM GANAPATHI DEVADIGA, AGE: 23 YEARS, OCC: COOLIE, R/O: NEAR CANARA BANK, VENKTAPUR, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. CHANDRAKALA MANJUNATH DEVADIGA, AGE: 21 YEARS, OCC: COOLIE, R/O: ULMMAN, BENGRE-1, TQ. BHATKAL, DIST: UTTAR KANNADA-581 354. MOHINI PRABHAKAR DEVADIGA, AGE: 48 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. - 3 - HC-KAR NC: 2025:KHC-D:16040 WP No. 107984 of 2025 10. 11. 12. 13. 14. 15. 16. SUBRAMANYA PRABHAKAR DEVADIGA, AGE: 25 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. SHEKAR PRABHAKAR DEVADIGA, AGE: 23 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. ROHIDAS PRABHAKAR DEVADIGA, AGE: 21 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. MASTI KOM RAMA DEVADIGA, AGE: 48 YEARS, OCC: COOLIE, R/O: BAILURU, GOVEHAKLU, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. PADMAVATI NARAYAN DEVADIGA, AGE: 45 YEARS, OCC: COOLIE, R/O: BAILURU, GOVEHAKLU, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. MASTI KOM MANJAPPA DEVADIGA, AGE: 55 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. ANADA MANJAPPA DEVADIGA, AGE: 35 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. - 4 - HC-KAR NC: 2025:KHC-D:16040 WP No. 107984 of 2025 17. 18. 19. 20. 21. PURUSHOTHAM MANJAPPA DEVADIGA, AGE: 33 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. JANARDHAN MANJAPPA DEVADIGA, AGE: 29 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. RAMYA AMITA DEVADIGA, AGE: 26 YEARS, OCC: COOLIE, R/O: MANKULI, SUSAGADI, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. PREMA MANJAPPA DEVADIGA, AGE: 24 YEARS, OCC: COOLIE, R/O: NEAR ICE FACTORY, VENKTAPURA, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. SAYED USMAN SAYAD ABDUL GAFFOOR SJ, AGE: 68 YEARS, OCC: COOLIE, R/O: BEHIND CITY LITE HOTEL, NAWAYAT COLONY, TQ. BHATKAL, DIST: UTTAR KANNADA-581 320. … RESPONDENTS (BY SRI. GIRISH A. YADWAD, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI SET ASIDE THE FURTHER PROCEEDINGS IN EX NO.228/2020 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, BHATKAL VIDE ANNEXURE-C; SET ASIDE THE ORDER DATED 22.09.2025 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, BHATKAL IN EX. NO.228/2020 AND I.A. NO.I/2025 FILED BY THE PETITIONERS IN EX. NO.228/2020 MAY BE RESTORED. - 5 - HC-KAR NC: 2025:KHC-D:16040 WP No. 107984 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 petitioners assailing the order dated 22.09.2025 passed in Execution Petition No.228/2020 on the file of Additional Civil Judge, Bhatkal. This Execution Petition is filed pursuant to final decree passed in FDP No.26/2014 on the file of Additional Civil Judge, Bhatkal. 2. The petitioners contend that the preliminary decree in O.S.No.76/2008 on the file of Principal Civil Judge (Junior Division), Bhatkal, was passed ex-parte, and that they were unable to contest the matter since the decree was passed without due service of notice upon them. 3. It is further submitted that R.A.No.7/2025 is pending before the Senior Civil Judge, Bhatkal1, wherein the petitioners have challenged the preliminary decree. Since 1 For short, ‘Appellate Court’ - 6 - HC-KAR NC: 2025:KHC-D:16040 WP No. 107984 of 2025 the challenge of the preliminary decree is now pending before the Senior Civil Judge, Bhatkal, the Court is of the view that any order to be passed in the pending execution petition shall be subject to the result of R.A.No.7/2025, pending on the file of Senior Civil Judge, Bhatkal. 4. In case, R.A.No.7/2025 is disposed of on merit, and possession has already been delivered to the decree holders in the aforementioned execution proceeding, the appeal shall not be treated as infructuous. The Appellate Court shall proceed to hear the appeal on its merits. In case appellants succeed, then there has to be restitution as contemplated under Section 144 of Code of Civil Procedure, 1908. 5. This Court has not expressed any opinion on the merits of the claim of the appellants’ in R.A.No.7/2025 pending on the file of Senior Civil Judge, Bhatkal. 6. With these observations, the writ petition stands dismissed. - 7 - HC-KAR NC: 2025:KHC-D:16040 WP No. 107984 of 2025 7. It is made clear that there is no impediment in proceeding with the execution proceeding. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 15