- 1 - HC-KAR NC: 2025:KHC-D:10618 CRP No. 100150 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL REVISION PETITION NO. 100150 OF 2024 BETWEEN: SHRI. MAHESH S/O. PRABHAKAR KUMBHAR AGE. 43 YEARS, OCC. TRADE, R/O. 288, STATION ROAD, KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI-591302. …PETITIONER (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: 1. DR. CHANDRAKANT S/O. GOVINDRAO PATIL AGE. 74 YEARS, OCC. MEDICAL PRACTITIONER R/O.T.M.C.NO.2857/1A AND 287/1B STATION ROAD, KHANAPUR, TQ.KHANAPUR, DIST. BELAGAVI-591302. 2. SHRI DATTATRAY S/O. PRABHAKAR KUMBHAR AGE. 41 YEARS, OCC. TRADE R/O. 288, STATION ROAD, KHANAPUR, TQ.KHANAPUR, DIST. BELAGAVI-591302. 3. SHRI. GAJANAN S/O. MHALAPPAR KUMBHAR AGE. 58 YEARS, OCC. SERVICE, R/O. BHARAT EARTH MOVERS LTD., INDUSTRIAL AREA, HOTTGALLI, BELWADI, POST. MYSORE-571129. 4. SMT. SHANTABAI W/O. PRABHAKAR KUMBHAR AGE. 63 YEARS, OCC. HOUSEHOLD WORK Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.30 12:04:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10618 CRP No. 100150 of 2024 R/O. 288.STATION ROAD, KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI-591302. 5. SMT. REVATI W/O DATTATRAY KUMBHAR AGE. 35 YEARS, OCC. HOUSEHOLD WORK R/O. 288.STATION ROAD, KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI-591302. 6. SHRI OUDUMBAR S/O. PRABHAKAR KUMBHAR AGE. 43 YEARS, OCC. TRADE R/O. 288, STATION ROAD, KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI-591302. 7. SMT. ROHINI W/O. OUDUMBAR KUMBHAR AGE. 33 YEARS, OCC. HOUSEHOLD WORK R/O. 288, STATION ROAD, KHANAPUR, TQ. KHANAPUR, DIST. BELAGAVI-591302. …RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CPC. PRAYING THAT THE RECORDS MAY KINDLY BE CALLED FROM THE ADDITIONAL CIVIL JUDGE AND JMFC KHANAPUR IN RESPECT OF EXECUTION PETITION NO.241/2023 AND SET ASIDE THE ORDER DATED 23.08.2024 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC KHANAPUR BY ALLOWING THIS REVISION PETITION, TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER - 3 - HC-KAR NC: 2025:KHC-D:10618 CRP No. 100150 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Heard the learned counsel for both parties on admission. 2. The petitioner has preferred this petition against the order dated 23.08.2024 passed in E.P.No.241/2023, by the Additional Civil Judge and JMFC, Khanapur. 3. Learned counsel for the petitioner submitted that the impugned order dated 23.08.2024 passed by the Executing Court is perverse, palpably erroneous, and contrary to law, and hence calls for interference by this Court. 4. It is further submitted that the impugned order is in contravention of the principles of natural justice. The trial Court has not considered the fact that the decree was only to restore the common wall, whereas the trial Court - 4 - HC-KAR NC: 2025:KHC-D:10618 CRP No. 100150 of 2024 erroneously dealt with possession of the entire common wall, which is against the decree passed in the suit. On all these grounds, the petitioner sought for allowing this petition. 5. The Execution Court, in the impugned order dated 23.08.2023, has observed as under: “As per bailiff report possession has been delivered to the Dhr as per order of this court. Said bailiff report is filed along with statement of panchas. Further counsel for Dhr filed a memo by stating that, a plywood wall is fixed in the place of removed common wall and thereby access got created by Jdrs. to suit property is prevented. Further it is stated that, special bailiff has restored the possession of property to the Dhr. on 22.08.2024. Hence, prays to fully close the petition satisfied. as No representation on behalf of Jdr. From the bailiff, report and memo along with 8 photographs and one CD filed by Dhr it clears that, a plywood wall is fixed in the place of removed common wall, hence there are no grounds to proceed further. Hence, petition is closed as fully satisfied. Case closed accordingly.” - 5 - HC-KAR NC: 2025:KHC-D:10618 CRP No. 100150 of 2024 6. A plain reading of the impugned order, as also the entire order sheet reveals that the decree holders filed an execution petition against the judgment debtor, who are the petitioner herein, to execute the judgment and decree in O.S. No.62/2011 on the file of the Additional Civil Judge and JMFC, Khanapur, dated 09.01.2020. Before passing the impugned order, the Executing Court allowed the application filed under Order XXI Rule 32 CPC read with Section 151 CPC. The petitioner/judgment debtor did not file any objections to the application filed under Order XXI Rule 32 CPC. He also did not file any objections to the bailiff’s report, nor did he seek restoration of possession under Section 144 CPC. 7. Despite being provided sufficient opportunity, the judgment debtor has not filed any objections. Under these circumstances, I do not find any error or legal infirmity in the impugned order. Accordingly, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:10618 CRP No. 100150 of 2024 ORDER The petition being devoid of merits, is dismissed at the stage of admission itself. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 40