- 1 - HC-KAR NC: 2025:KHC-D:16001 WP No. 106004 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106004 OF 2025 (GM-CPC) BETWEEN: 1. SMT. DEVAKI W/O PARAPPA JAMBAGI, AGED ABOUT 60 YEARS, OCC. HOUSEHOLD WORK, 2. SRI. REVANSIDDA PARAPPA JAMBAGI, AGED ABOUT 39 YEARS, OCC. SERVICE, 3. SRI. BASAPPA PARAPPA JAMBAGI, AGED ABOUT 35 YEARS, OCC. AGRICULTURE, 4. SMT. SUNANDA W/O PARAPPA HANDIGUND, AGED ABOUT 41 YEARS, OCC. HOUSEHOLD WORK, ALL ARE R/O. MUGALKHOD, TQ. RAIBAG, DIST. BELAGAVI-587 223. … PETITIONERS (BY SRI. RAMACHANDRA A. MALI, ADVOCATE) AND: 1. SRI. BHIMAPPA S/O YALLAPPA JAGANUR, AGED MAJOR, OCC. AGRICULTURE, 2. SRI. SAVAISINGH LAXMANSINGH RAJPUT, AGED MAJOR, OCC. BUSINESS, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:28 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16001 WP No. 106004 of 2025 3. SRI. SHRISHAIL NARASAPPA YADAVANNAVAR, AGED MAJOR, OCC. AGRICULTURE, 4. SRI. SANGAPPA GURULINGAPPA JAMBAGI, AGED MAJOR, OCC. AGRICULTURE, 5. SRI. MALAGOUDA APPASAHEB PATIL, AGED MAJOR, OCC. AGRICULTURE, ALL ARE R/O. MUGALKHOD, TQ. RAIBAG, DIST. BELAGAVI-587 223. … RESPONDENTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE FOR R1; NOTICE TO R3 TO R5 IS SERVED; NOTICE TO R2 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN EX. CASE NO.4/2014 ON THE FILE OF SR. CIVIL JUDGE AND JMFC, RAIBAG AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE QUASHING THE ORDER DATED 04-03-2025 MADE ON I.A. NO.4 IN EX. CASE NO.4/2014 AND ORDER DATED 08-07-2025 IN THE ABOVE CASE BOTH PASSED BY THE SR. CIVIL JUDGE AND JMFC, RAIBAG PRODUCED AT ANNEXURE-G, AS THE SAME BEING ILLEGAL AND NOT SUSTAINABLE IN LAW AND CONSEQUENTLY DISMISS I.A. NO.4 FILED IN EX. CASE NO.4/2014 ON THE FILE OF SR. CIVIL JUDGE AND JMFC, RAIBAG IN INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16001 WP No. 106004 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) An affidavit is filed by the petitioners who are the legal representatives of deceased Parappa Gurulingappa Jambagi who is defendant No.4 in O.S.No.159/2008 and judgment debtor No.4 in Execution Petition No.4/2014 on the file of Senior Civil Judge, Raibhag. 2. Said affidavit is taken on record. 3. The Execution Petition is filed to recover the possession of the property bearing Sy.No.154/2B/2 measuring 5 guntas in Mugalkhod village, Taluk:Raibhag. 4. The petitioners contend that they are totally unconcerned with the petition property and they are not in possession of the property and they have no right over the property, as such the Execution Petition against them is not maintainable and the suit is filed against their father, though he had no claim over the suit property. - 4 - HC-KAR NC: 2025:KHC-D:16001 WP No. 106004 of 2025 5. Since the affidavit is so filed, the Writ Petition is disposed of with an observation that there shall not be any execution against the present petitioners as the present petitioners have no claim over the property. 6. The Executing Court is at liberty to execute the decree against the Judgment Debtors if the Judgment Debtors are in possession of the property. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT:BCK LIST NO.: 1 SL NO.: 54