- 1 - HC-KAR NC: 2025:KHC-D:14694 WP No. 107804 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107804 OF 2025 (GM-CPC) BETWEEN: SRI. ANNAPPA S/O CHANDRASHEKAR MACHAKANNUR, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE-587 313. … PETITIONER (BY SRI. PAVAN KUMAR DODDATTI, ADVOCATE) AND: 1. SRI. RAGAVENDRA S/O PRALHAD JOSHI, AGE. 63 YEARS, OCC. AGRICULTURE AND ENGINEER, R/O. ANAND NAGAR, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE-587 313. 2. SMT. AISHWARYA D/O RAGHAVENDRA JOSHI, AGE. 63 YEARS, OCC. AGRICULTURE AND ENGINEER, R/O. ANAND NAGAR, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE-587 313. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14694 WP No. 107804 of 2025 3. SUB-REGISTRAR, MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE-587 313. 4. SANJAY S/O KALLAPPA NAYAK, AGE. MAJOR, OCC. AGRICULTURE, R/O. METAGUDDA VILLAGE, TQ. MUDHOL, DIST. BAGALKOTE-587 313. 5. SANJAY S/O VITTAL KODAG, AGE. MAJOR, OCC. AGRICULTURE, R/O. JAYA NAGAR, TQ. MUDHOL, DIST. BAGALKOTE-587 313. 6. BRAHMIN PATTEN CO-OPERATIVE SOCIETY LTD., JAMAKHANDI, R/BY ITS MANAGER, BRANCH MUDHOL, TQ. MUDHOL, DIST. BAGALKOTE-587 313. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 02.09.2025 PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND JMFC AT MUDHOL IN E.P. NO.263/2023 VIDE ANNEXURE-D, BY ALLOWING THE APPLICATION BY VIRTUE OF ALLOWING THIS WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14694 WP No. 107804 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order passed in the Execution Proceedings wherein the Decree Holder moved an application to delete the encumbrance in the property for which the decree for specific performance is passed and the sale deed is executed. 2. The Trial Court rejected the application on two grounds namely, the persons in whose favour the encumbrance is registered are not made parties to the Execution Proceedings and the decree does not specify deletion of such encumbrance. 3. This Court does not find any error in the said order. The scope of executing Court is limited only to the extent of executing the decree and to consider certain other incidental questions. - 4 - HC-KAR NC: 2025:KHC-D:14694 WP No. 107804 of 2025 4. The petitioner seeks to delete the encumbrance in favour of some third parties. The petitioner has to take appropriate steps in this regard as advised in law. 5. Hence, petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 16