- 1 - NC: 2025:KHC-D:610 CRP No. 100194 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100194 OF 2022 (-) BETWEEN: SMT. TEKI W/O. DANU GOUDA, AGE 72 YEARS, R/O. SEA BIRD, R. H. COLONY, TODUR, KARWAR. …PETITIONER (BY SRI. BASAVARAJ.S.BYAKOD, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISTION OFFICER, PROJECT SEA BIRD NAVAL BASE, MINI VIDHANA SOUDHA, KARWAR. 2. THE DEFENCE ESTATE OFFICER, KARNATAKA AND GOA CIRCLE, T/56, ASSYE LINE, K. KAMARAJ ROAD, BANGALORE 42. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1; SRI. M.B. KANAVI, CGSC, FOR R2) ----- THIS CRP IS FILED U/S 115 OF CPC, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE ORDER DATED 26.03.2021 PASSED IN EX.P.NO. 4/2019 BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE KARWAR AND CONSEQUENTLY DIRECT THE EXECUTING COURT TO PROCEED FURTHER WITH THE EXECUTION PETITION AS PER LAW, BY ALLOWING THIS REVISION PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.20 10:58:46 +0530 - 2 - NC: 2025:KHC-D:610 CRP No. 100194 of 2022 THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This Civil Revision Petition is filed by the claimants challenging the order dated 26.03.2021 in Execution Petition No.4/2019 on the file of the Additional Civil Judge Karwar, closing the Execution Petition. 2. Heard the learned counsel appearing for the parties. 3. It is submitted by Sri. Basavaraj Byakod, the learned counsel appearing for the petitioner, that the finding recorded by the Executing Court to close the petition is without considering the payment of compensation that may be made to the petitioner herein by the respondent-authorities and accordingly, sought for interference of this Court. 4. Per contra, Smt. Mala B Bhute, learned AGA appearing for respondent No.1 and Sri. M. B. Kanavi, - 3 - NC: 2025:KHC-D:610 CRP No. 100194 of 2022 learned counsel appearing for the respondent No.2, have vehemently contended for dismissal of the petition. 5. Having taken note of the submissions made by the learned counsel appearing for the parties, the ground on which the Execution Petition was closed by the Executing Court is that, the said petition has been filed beyond 12 years of limitation as per Article 136 of the Limitation Act. 6. On careful examination of the revision papers makes it clear that the petitioner herein had filed LAC No.56/1994, which came to be disposed of on 28.08.2006 and thereafter, Execution Petition No.110/2009 was filed before the Executing Court and the Executing Court by its order dated 19.12.2011 closed the petition reserving liberty to the petitioner herein to file fresh execution petition if the decree has not been complied with. In that view of the matter, taking into consideration the factual aspects on record, I am of the view that the order dated 28.03.2021 in Execution Petition No.4/2019 is liable to be - 4 - NC: 2025:KHC-D:610 CRP No. 100194 of 2022 quashed and the said petition shall be restored on file before the competent Executing Court for further action in the matter. With this observation, this Civil Revision Petition is allowed. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANBList No.: 1 Sl No.: 20