- 1 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104365 OF 2025 (GM-CPC) BETWEEN: KANAKAVVA W/O REVANAPPA UGARGOL, SINCE DECEASED BY HER LR’S 1. TAYAWWA W/O PARWATAPPA URGARGOL AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 2. CHANDRA D/O NIMBANNA HOSAMANI, AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 3. SMT. DEVAKKA NAGAPPA SHALAVADI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 4. SMT. KRISHNAVVA W/O IRAPPA UNKAL AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 5. BASAVANNEWWA W/O MANJUNATH UGARGOL AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 6. LAXMAN S/O SHANKAPPA BANDI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 7. MANJUNATH S/O SHANKAPPA BANDI AGE: MAJOR, OCC: COOLIE Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.19 12:48:36 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 8. KIRAN S/O BHARAMAPPA BADAMI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 9. SURESH S/O PARWATAPPA UGARGOL AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 10. SMT. PADMA W/O GANGAPPA SAVANUR AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 11. NITIN S/O BHARAMAPPA BADAMI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 12. PRAVEEN S/O BHARAMAPPA BADAMI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 13. SHRI. YALLAPPA S/O SIDDAPPA BEVINAKATTI AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 14. SMT. SHIVAGANGAVVA HEBSUR AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. …PETITIONERS (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: 1. SHRI. DAIVAJNA CO-OP. HOUSING SOCIETY LTD. R/BY ITS SECRETARY OPP. TO SANGAM THEATRE, DHARWAD-580001. - 3 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 2. SHRI. DAIVAJNA CO-OP. HOUSING SOCIETY LTD. R/BY ITS PRESIDENT OPP. TO SANGAM THEATRE, DHARWAD-580001. 3. ANNAPPA S/O PARWATAPPA UGARGOL AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 4. MANJUNATH S/O PARWATAPPA UGARGOL AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 5. YALLAVVA W/O NIMBANNA GALI AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 6. SMT. NINGAVVA W/O YALLAPPA BEVINAKATTI AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 7. SMT. PARVATEVVA W/O REVANAPPA UGARGOL, AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 8. SMT. BASAVANNEVVA SHELAVADI AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. MALLAPPA HAVERI, SINCE DECEASED BY HIS LR’S 9. YALLAPPA S/O MALLAPPA HAVERI, AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 10. MANJUNATH S/O MALLAPPA HAVERI, AGE: MAJOR, OCC: COOLIE - 4 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 11. LAXMI D/O MALLAPPA HAVERI, AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. BHARAMAPPA S/O SOMAPPA BADAMI, SINCE DECASED BY HIS LR’S 12. SACHIN S/O BHARAMAPPA BADAMI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 13. AKKAMMA D/O BHARAMAPPA BADAMI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 14. BHUMIKA D/O BHARAMAPPA BADAMI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. SMT. YALLAVVA W/O NIMBANNA HOSAMANI, SINCE DECEASED BY HER LR’S 15. RENUKA D/O NIMBANNA HOSAMANI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 16. PARWATI D/O SHANKARAPPA BANDI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 17. SMT. TIYAWWA W/O PARWATEPPA UGARGOL AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. - 5 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 SMT. MEENAKSHAWWA GALI, SINCE DECEASED BY HER LR’S 18. SHOBHA D/O ARJUN GALI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 19. SHRI. SURESH S/O ARJUN GALI, AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 20. SMT. YALLAVVA SHALAVADI AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. SMT. YALLAVVA GALI, SINCE DECEASED BY HER LR’S 21. PARASHURAM S/O YALLAPPA GALI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 22. MALLAPPA @ MALLESHI S/O YALLAPPA GALI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 23. ARJUN S/O YALLAPPA GALI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 24. SMT. BASAVVA W/O YALLAPPA JANTALI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 25. SHRI. MALLIKARJUN UGARGOL AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. - 6 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 26. SHRI. YALLAPPA S/O MALLAPPA HAVERI AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 27. SMT. CHANDRA W/O GANGAPPA SAVANUR AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 28. SMT. RENUKA BASAPPA BENDIGERI AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. SHRI. MANJAPPA S/O PARVATAPPA UGARGOL SINCE DECEASED BY HIS LR’S 29. ABHISHEK S/O MANJUNATH UGARGOL AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 30. ADARASH S/O MANJUNATH UGARGOL AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 31. SMT. RENUKA LAXMAN MENASAGI AGE: MAJOR, OCC: HOUSEHOLD R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 32. SMT. KAMALAVVA SHIVAPPA AGE: MAJOR, OCC: COOLIE R/O BEHIND VIDYA NAGAR HIGH SCHOOL, DHARWAD-580001. 33. THE NAVAKALYAN SCHEDULE CASTE CO-OP. PRIVATE HOUSING SOCIETY, LTD DHARWAD, R/BY ITS PRESIDENT, C/O: B.D.O OFFICE, DHARWAD-580001. ….RESPONDENTS (BY SRI. M.P. KULKARNI, ADVOCATE FOR C/R2 & R2) - 7 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BE ISSUED TO QUASH ORDER ON I.A.NO.22 DATED 09.06.2025 IN EX.NO.34/2016 ON THE FILE OF IIIRD ADDL. CIVIL JUDGE AND JMFC, DHARWAD VIDE ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. The present petition is filed by the judgment debtors being aggrieved by the order dated 09.06.2025 passed by the learned III Additional Civil Judge and JMFC, Dharwad in Execution No.34/2016. 2. It is the case of the petitioners that the respondents/plaintiffs filed a suit in O.S. No.512/1998 against the defendants therein for the relief of permanent injunction. The suit came to be decreed. The said suit was questioned by the petitioners herein in R.A. No.103/2005, who were the defendants in the suit. The said appeal came to be dismissed and a mandatory injunction was granted while dismissing the said appeal directing the defendants in - 8 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 the suit to remove the sheds, structure erected in the suit schedule property within two months from the date of the order and confirmed the other part of the judgment of the trial Court in O.S. No.512/1998 whereby the first appellate Court modified the judgment and decree of the trial Court to that extent. The petitioners/defendants challenged the order of the first appellate Court in the second appeal in RSA No.512/1998. This Court vide order dated 23.09.2009 dismissed the said appeal. Pursuant to which the successful plaintiffs, respondents herein preferred execution petition to execute the orders passed by the trial Court as well as the first appellate Court. 3. The execution petition was opposed by the petitioners/judgment debtors. During the pendency of the execution petition, the respondent-decree holders filed I.A.22 under Order XXI Rule 35(3) and Section 151 of the Code of Civil Procedure. In the said application, the decree holders sought for 3 distinct reliefs/prayers. One is for granting police aid, second to remove, open any lock, bolt - 9 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 and break open the door and 3rd relief to demolish the building and any structures in the suit properties. Though this application was seriously opposed by the petitioners/judgment debtors. The applications came to be allowed. Hence, the petitioners are before this Court questioning the same on the following grounds. It is the contention of the learned counsel for the petitioner that the application ought to have been rejected for the reason that 3 distinct several/distinct reliefs are sought in I.A.22, which is not sustainable as per the Karnataka Civil Rules of Practice, 1967 (hereinafter referred to as ‘the Rules’, for short). The Executing Court, without going into this aspect of the application filed seeking several reliefs is contrary to the provisions of Rule 23 of the Rules, has proceeded further and allowed the application. It is on these grounds, the petitioners are before this Court. 4. Learned counsel for the respondents contends that there is bar for the petitioner to file such an application and if at all any such prayers are made, the trial Court could have considered a separate application for these prayers/distinct - 10 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 reliefs and given separate numbers and proceed further in the matter. On these grounds, he seeks for dismissal of the petition. 5. I have heard the learned counsel for the petitioners and the learned counsel for the respondent Nos.1 and 2. 6. Pursuant to the impugned order passed by the Executing Court and the provisions of Rule 23 of the Rules, admittedly, the decree holders have filed I.A.22 under Order XXI Rule 35(3) read with Section 151 of CPC seeking several relief is Police aid, to remove to open any lock, bolt and break open any door and for demolition of building and structures existing in the properties. Apparently, it is seen, there are several reliefs sought in one application. Rule 23 of the Rules reads as under: “23. There shall be a separate application in respect of each distinct prayer. When several prayers are combined in one application, the Court may direct the applicant to confine the application only to one of such prayers and to file a separate application in respect of each of the others.” - 11 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 As per the said Rule, it very clearly contemplates separate application to be filed for each distinct prayers. Therefore, it is incumbent upon any applicant approaching the Court to file a separate application for each of the relief and if multiple prayers are made, to confine himself to one particular prayer/relief, which has not been done in the present case and the Executing Court without noticing this aspect and the contentions so raised by the petitioners/judgment debtors, has proceeded further to pass orders. 7. I am in agreement with the learned counsel for the petitioners that the application once filed shall be restricted to one particular prayer and if several/distinct relief are sought, the applicant will have to restrict to one particular prayer. The order passed by the Executing Court on I.A.22 by the impugned order is liable to be set aside on this ground itself. 8. Accordingly, I pass the following order: i. The petition is allowed. ii. The order dated 09.06.2025 on I.A.22 in Execution Case No.34/2016 is here by set aside. The matter - 12 - HC-KAR NC: 2025:KHC-D:8515 WP No. 104365 of 2025 is remitted back to the Executing Court reserving liberty to the respondents/decree holders to restrict himself to one particular prayer on I.A.22 and make separate application for separate/distinct prayer. On such application being filed, the Executing Court shall consider the same in accordance with law keeping in mind the provisions of Rule 23 of the Karnataka Civil Rules of Practice and proceed further in accordance with law and dispose of the same expeditiously. iii. It is made clear that this Court has not expressed any opinion with regard to the merits of the matter, as it is solely decided the matter on Rule 23 which contemplates separate application to be filed for distinct prayer and reliefs. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK