- 1 - HC-KAR NC: 2025:KHC-D:14564 WP No. 103436 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103436 OF 2025 (GM-CPC) BETWEEN: SHRI. KENCHAPPA S/O. HONNAPPA KALLI, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. KATAGERI VILLAGE ,TQ. ATHANI, DIST. BELAGAVI-591 304. … PETITIONER (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: SHRI. RAVI S/O. MALLAPPA MAGADUM, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. HUNNUR VILLAGE, TQ. JAMKHANDI NOW AT: ATHANI, DIST. BELAGAVI-591 304. … RESPONDENT (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, OR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ANNEXURE-C DATED 03/05/2025 IN E.P. NO.68/2020, ON I.A. NO.IV, ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, ATHANI. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14564 WP No. 103436 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order passed in Execution Proceeding pursuant to a decree for specific performance of the contract. 2. The decree holder has sought Police protection to execute the decree i.e., to take possession. It is stated that the sale deed is executed. Thus, the plaintiff can take possession of the property. It is further submitted that there is an interim order operating against the decree holder in a separate suit in O.S.No.635/2022. The interim order is not to alienate the property against defendant No.6 in the suit, who is the Decree Holder/respondent in the present petition. That order does not come in the way of the Decree Holder taking possession in the manner known to law. 3. Though the learned counsel for the petitioner would submit that the opportunity is not given to the - 3 - HC-KAR NC: 2025:KHC-D:14564 WP No. 103436 of 2025 petitioner to file objection to the application seeking possession, this Court is of the view that the possession can be handed over as the decree is not set aside or its operation is not stayed. 4. With these observations, the Writ Petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 38