- 1 - HC-KAR NC: 2025:KHC-D:15452 WP No. 105971 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105971 OF 2024 (GM-CPC) BETWEEN: 1. SRI. IRAPPA S/O BASALINGAPPA BHAIRANNAVAR, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. ANIGOL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. 2. SHRI PRAKASH S/O SANGAPPA KOTAGI, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. ANIGOL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. 3. KUMAR SANAMMA S/O PRAKASH KOTAGI, AGE. 16 YEARS, OCC. STUDENT, REPRESENTED BY PETITIONER NO.2 I.E. SHRI. PRAKASH S/O SANGAPPA KOTAGI, R/O. ANIGOL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. 4. KUMAR SIDHARTH S/O PRAKASH KOTAGI, AGE. 14 YEARS, OCC. STUDENT, REPRESENTED BY PETITIONER NO.2 I.E., SHRI. PRAKASH S/O SANGAPPA KOTAGI, R/O. ANIGOL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. 5. SMT. JYOTI D/O BASALINGAPPA BHAIRANNAVAR, AGE. 27 YEARS, OCC. HOUSEHOLD, R/O. ANIGOL, TQ. BAILHONGAL, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15452 WP No. 105971 of 2024 DIST. BELAGAVI-591 102. 6. SHRI. RAMESH S/O BASALINGAPPA BHAIRANNAVAR, AGE. 29 YEARS, OCC. AGRICULTURE, R/O. ANIGOL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. … PETITIONERS (BY SRI. DEEPAK S. KULKARNI, ADVOCATE) AND: 1. SHRI. IRAPPA ADIVEPPA BUDIHAL, AGE. 69 YEARS, OCC. AGRICULTURE, R/O. HOSUR, TQ. SAVADATTI, DIST. BELAGAVI-591 111. 2. SMT. NAGAVVA BASALINGAPPA BHAIRANNAVAR, AGE. 55 YEARS, OCC. HOUSEHOLD R/O. ANIGOL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. … RESPONDENTS (BY SRI. S.G. NANDOOR, ADVOCATE FOR R1; NOTICE TO R2 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 WRIT OR DIRECTION AND QUASH THE IMPUGNED ORDERS DATED 03-07- 2024 PASSED IN EXECUTION PETITION NO.153/2023 BY THE SENIOR CIVIL JUDGE, BAILHONGAL ON I.A. NO-V, THE COPY OF THE SAID ORDER DATED 03-07-2024 IS HEREWITH FURNISHED AS PER ANNEXURE-A, AS THE SAME IS HIGHLY PERVERSE AND ILLEGAL. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15452 WP No. 105971 of 2024 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 03.07.2024 passed in Execution Petition No.153/2023 on the file of Senior Civil Judge, Bailhongal. 2. The aforementioned execution petition has been filed to execute the decree passed in O.S.No.34/2005, which has been confirmed in R.A.No.177/2008 and RSA No.5725/2010. The said suit is for specific performance of a contract. 3. The defendant in the said suit was one Nagavva. It is admitted that the property originally belonged to Sadeppa. After the death of Sadeppa, the property was inherited by Nagavva, as her father, Irappa (son of Sadeppa), had predeceased Sadeppa. Thus, the property became the exclusive property of Nagavva, and she suffered a decree for specific performance. The petitioners are claiming through Nagavva, who is still alive. - 4 - HC-KAR NC: 2025:KHC-D:15452 WP No. 105971 of 2024 4. Under these circumstances, the Trial Court has not permitted the petitioners to lead evidence in support of their claim that they also have a share in the property. 5. Learned counsel for the petitioners would submit that Order XXI Rule 97 read with Section 151 of the Code of Civil Procedure, 1908, contemplates enquiry and an order passed without enquiry is impermissible. 6. This Court has considered the contentions raised at the Bar and perused the records. 7. Since it is noticed that the property was inherited by Nagavva from her grandfather, Nagavva become the exclusive owner of the property, as she was not a coparcener at the time of Sadeppa’s death, which occurred long ago. 8. Under these circumstances, this Court does not find any merit in the contentions raised by the petitioners. 9. It is submitted that the petitioners have filed a suit for partition and separate possession seeking a share in the petition properties. In case said suit is decreed in favour of the - 5 - HC-KAR NC: 2025:KHC-D:15452 WP No. 105971 of 2024 petitioners, then they would be entitled to the benefit of the decree, if granted. 10. With these observations, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 47