- 1 - HC-KAR NC: 2025:KHC:50586 WP No. 23224 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 23224 OF 2023 (GM-CPC) BETWEEN: 1. SRI. BHASKAR ACHARYA, S/O KRISHNAYYA ACHARY, AGED ABOUT 55 YEARS, R/AT M.G ROAD, MUDIGERE TOWN AND POST, MUDIGERE TALUK, PRESENTLY RESIDING AT BILAGULA HESGAL POST, MUDIGERE TALUK, D.K - 577 132. …PETITIONER (BY SRI. RAKSHITH KUMAR., ADVOCATE) AND: 1. SRI. SEETHARAM ACHARYA SINCE DECEASED BY HIS LRS SMT. SHARADA, WIDOW OF SEETHARAM ACHARYA, AGED ABOUT 74 YEARS, R/AT GONIBEEDU VILLAGE AND POST, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 132. 2. SMT. BHAVANI, W/O AYYAPPA ACHARYA, AGED ABOUT 54 YEARS, R/AT JANAURA POST, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50586 WP No. 23224 of 2023 MUDIGERE TALUK, CHIKKAMAGALURU DISTIRCT - 577 132. 3. SMT. HARINAKSHI, D/O LATE SEETHARAM ACHARYA, AGED ABOUT 54 YEARS, R/AT GONIBEEDU VILLAGE AND POST, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT- 577 132. 4. SMT. SUNEETHA, D/O LATE SEETHARAM ACHARYA, AGED ABOUT 53 YEARS, R/AT GONIBEEDU VILLAGE AND POST, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 132. 5. SMT. SAVITHA, D/O LATE SEETHARAM ACHARYA, AGED ABOUT 52 YEARS, R/AT GONIBEEDU VILLAGE AND POST, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 132. 6. SRI. SATHISAH, S/O LATE SEETHARAM ACHARYA, AGED ABOUT 52 YEARS, R/AT GONIBEEDU VILLAGE AND POST, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 132. 7. SMT MANI, D/O LATE SEETHARAM ACHARYA, AGED ABOUT 50 YEARS, R/AT GONIBEEDU VILLAGE AND POST, - 3 - HC-KAR NC: 2025:KHC:50586 WP No. 23224 of 2023 MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 132. 8. SMT. MEENAKSHI, W/O NARAYANA ACHARYA, AGED ABOUT 68 YEARS, R/AT GONIBEEDU VILLAGE AND POST, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 132. 9. SMT. SUMATHI, W/O CHANDRASHEKARA ACHARYA, AGED ABOUT 55 YEARS, R/AT KALIRAMBA AUTO WORKS, BELTHANGADY KASABA VILLAGE, BELTHANGADY TALUK - 574 214. 10. SMT. YAMUNA, SINCE DEAD BY HER LRS RAGHAVENDRA ACHARYA, AGED ABOUT 49 YEARS, R/AT PUVARUMAJAL, KUVETTU VILLAGE, GURUVAYANAKARE POST, BELTHANGADY TALUK, D.K DISTRICT - 574 214. 11. SMT. JALAJAKSHI, AGED ABOUT 52 YEARS, R/AT PUVARUMAJAL, KUVETTU VILLAGE, GURUVAYANAKARE POST, BELTHANGADY TALUK, D.K DISTRICT - 574 214. 12. SMT. SHARADHA VENKATESH ACHARYA, W/O VENKATESH ACHARYA, - 4 - HC-KAR NC: 2025:KHC:50586 WP No. 23224 of 2023 AGED ABOUT 60 YEARS, R/AT USHA NILAYA, UPPALLI, INDARAVARA, CHIKKAMANGALURU TALUK AND DISTRICT - 577 101. 13. SRI. PRAVEENA, S/O VENKATESH ACHARYA, AGED ABOUT 35 YEARS, R/AT USHA NILAYA, UPPALLI, INDARAVARA, CHIKKAMANGALURU TALUK AND DISTRICT - 577 101. …RESPONDENTS (BY SRI.T.SHESHAGIRI RAO, ADVOCATE FOR R-6; V/O DATED 03.12.2025 - NOTICE TO R-3, R-4, R-5, R-7 AND R-8 ARE D/W; R-2, R-9, R-10, R-11, R-12, R-13 & R-14 - SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DTD 01/04/2023 PASSED BY THE HONBLE CIVIL JUDGE AND JMFC, AT MUDIGERE IN IA NO. 1 FILED BY THE PETITIONER UNDER ORDER XXI RULE 95 OF CPC IN FDP NO. 1/2003 AND DIRECT THE EXECUTION COURT TO DENOVO CONSIDER THE SAID IA AFRESH, AND PASS SUITABLE ORDERS TO DELIVER POSSESSION OF THE PROPERTY SHOW IN THE FDP, IN ACCORDANCE WITH LAW, AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDRES, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioner is before this Court in this writ petition filed under Articles 226 and 227 of the Constitution of India - 5 - HC-KAR NC: 2025:KHC:50586 WP No. 23224 of 2023 with a prayer to set aside the order dated 01.04.2023 passed on I.A.No.1 in Ex.No.8/2017 by the Court of Civil Judge and JMFC, Mudigere, Chikmagalur. 2. Heard the learned counsel for the petitioner and learned counsel for respondent No.6, who is the sole contesting respondent in this petition. 3. Execution proceedings in Ex.No.8/2017 has been initiated by the petitioner herein before the Jurisdictional Civil Court at Chikmagalur, for executing the final decree drawn on 11.11.2014 in F.D.P No.1/2003 arising out of O.S.No.349/1993 which was decreed by the Court of Civil Judge and JMFC, Belthangadi. In the said proceedings, I.A.No.1 was filed under Order XXI Rule 95 of CPC on behalf of the petitioner herein seeking issuance of delivery warrant against the judgment debtor to deliver the petition schedule premises, which were allotted to his share in the final decree drawn in F.D.P.No.1/2003. The said application was opposed by the judgment debtors by - 6 - HC-KAR NC: 2025:KHC:50586 WP No. 23224 of 2023 filing objections. The Executing Court by order impugned dated 01.04.2023 has rejected I.A.No.1 and being aggrieved by the same, petitioner is before this Court. 4. Perusal of the final decree drawn in F.D.P.No.1/2003 would go to show that the final decree is drawn in terms of the commissioner's report and sketches filed by the Court Commissioner on 08.04.2011. The Court Commissioner had filed three sketches along with his report and the commissioner's reports as well as the three sketches prepared by him are ordered to be made as part and parcel of the final decree. 5. A perusal of the commissioner's report would go to show that Court Commissioner has prepared three sketches, which are referred to as Sketch-A, Sketch-B and Sketch-C, which are annexed along with his report and made as part and parcel of the final decree. In the commissioner's report, it is clearly stated that the property found in Sketch-B is divided into three portions and the - 7 - HC-KAR NC: 2025:KHC:50586 WP No. 23224 of 2023 portion marked as 1 in Sketch-B which includes vacant land and room situated in middle of the building is allotted to the share of Seettharam Acharya, who is respondent No.1 in the final decree proceedings. Portion of the room marked as 2 in Sketch-B is allotted to the share of petitioner herein namely Bhaskar Acharya and the other portion of the room which is marked as 3 in the Sketch-B is allotted to the share of respondent No.6 - Jalajakshi. From a reading of the aforesaid, it is very clear that the property which is subject matter of Sketch-B annexed to the commissioner's report has been allotted to three persons namely, respondent No.1 - Seettharam Acharya, respondent No.6 - Jalajakshi and petitioner - Bhaskar Acharya. It appears that in the final decree drawn, it is stated that allotment of rooms to respective respondents are shown in the Sketch-B. 6. Perusal of Sketch-B as well as the commissioner's report would go to show that allotment of rooms to the petitioner as well as to respective - 8 - HC-KAR NC: 2025:KHC:50586 WP No. 23224 of 2023 respondents namely respondent Nos.1 and 6 is shown in Sketch-B. The Executing Court has failed to appreciate this aspect of the matter and only for the reason that in paragraph No.4 of the final decree drawn in F.D.P.No.1/2003, it has been mentioned that the allotment of rooms to the respective respondents are shown in the Sketch-B and there is no mention about allotment of room to the share of petitioner herein in the said paragraph, has refused to issue delivery warrant in respect of the said property in favour of the petitioner. 7. Since the commissioner's report as well as the three Sketches are made as part and parcel of the final decree drawn in F.D.P.No.1/2003, the Executing Court ought to have taken consideration of commissioner's report as well as Sketch-B which would clearly indicate that petitioner has been also allotted a share in Sketch-B property and accordingly should have passed orders on I.A.No.1. Therefore, the order impugned passed by the - 9 - HC-KAR NC: 2025:KHC:50586 WP No. 23224 of 2023 Executing Court cannot be sustained. Accordingly, the following: ORDER (i) The writ petition is allowed. (ii) The impugned order dated 01.04.2023 passed on I.A.No.1 in Ex.No.8/2017 by the Court of Civil Judge and JMFC, Mudigere, Chikmagalur is set aside and consequently, the prayer made in the said application is granted. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 16