- 1 - HC-KAR NC: 2025:KHC:47596 CRP No. 87 of 2018 C/W CRP No. 339 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 87 OF 2018 (EX) C/W CIVIL REVISION PETITION NO. 339 OF 2015 (EX) IN CRP No. 87/2018 BETWEEN: 1. MAISTRY KEMPAIAH SINCE DECEASED BY LRS SRI. K. RAMASWAMY S/O LATE MAISTRY KEMPAIAH MAJOR BY AGE RESIDING AT NO.272 MUNEESHWARA TEMPLE STREET RAJAMAHAL GUTTAHALLI BENGALURU CITY-560 010. 2. SRI. KRISHNAMURTHY S/O LATE MAISTRY KEMPAIAH MAJOR BY AGE RESIDING AT NO.272 MUNEESHWARA TEMPLE STREET RAJAMAHAL GUTTAHALLI BENGALURU CITY. …PETITIONERS (BY SRI. V.B. SHIVA KUMAR, ADVOCATE) AND: 1. CORPORATION OF THE CITY OF BENGALURU Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47596 CRP No. 87 of 2018 C/W CRP No. 339 of 2015 BY ITS COMMISSIONER CORPORATION OFFICE BENGLAURU CITY-560 009. 2. SRI. K. CHANDRASHEKAR S/O LATE MAISTRY KEMPAIAH MAJOR BY AGE RESIDING AT NO.272 MUNEESHWARA TEMPLE STREET RAJAMAHAL GUTTAHALLI BENGALURU CITY-560 010. …RESPONDENTS (BY SRI. S.N. PRASHANTH CHANDRA, ADVOCATE FOR R1; V/O DATED 09.03.2020, NOTICE TO R2 IS HELD SUFFICIENT) THIS CRP IS FILED UNDER SEC.115 OF CPC, AGAINST THE ORDER DATED 16.01.2018 PASSED ON IA IN EX.NO.510/1985 ON THE FILE OF THE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE IA FILED UNDER ORDER 21 RULE 35 R/W SEC.151 OF CPC. IN CRP NO. 339/2015 BETWEEN: 1. SRI. K. RANGASWAMY S/O MAISTRY KEMPAIAH AGED ABOUT 74 YEARS R/AT NO.272, 1ST CROSS MUNESHWARA TEMPLE ROAD RAJAMAHAL GUTTAHALLI BANGALORE-560 003. 2. K. KRISHNA MURTHY S/O MAISTRY KEMPAIAH AGED ABOUT 722 YEARS R/AT NO.272, 1ST CROSS MUNESHWARA TEMPLE ROAD - 3 - HC-KAR NC: 2025:KHC:47596 CRP No. 87 of 2018 C/W CRP No. 339 of 2015 RAJAMAHAL GUTTAHALLI BANGALORE-560 003. ...PETITIONERS (BY SRI. V.B. SHIVAKUMAR, ADVOCATE) AND: THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE (EARLIER BANGALORE CITY CORPORATION) CORPORATION OFFICERS N R SQUARE, J C ROAD BANGALORE-560 002. ...RESPONDENT (BY SRI. S.N. PRASHANTH CHANDRA, ADVOCATE) THIS CRP IS FILED UNDER SEC.115(1)(A) OF CPC., AGAINST THE ORDER DATED 31.8.2013 PASSED ON APPLICATION IN EX.NO.510/1985 ON THE FILE OF THE XIX ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY, PARTLY ALLOWING THE APPLICATION FILED UNDER ORDER 21 RULE 97 OF CPC AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard the learned counsels Sri.V.B.Shivakumar and Sri.S.N.Prashanth Chandra for the parties. 2. These two revision petitions are filed by the decree holder challenging the closure of the execution petition by the trial Court. - 4 - HC-KAR NC: 2025:KHC:47596 CRP No. 87 of 2018 C/W CRP No. 339 of 2015 3. The main contention on behalf of the Decree Holder is that the land having been acquired for the road by the Bengaluru Mahanagara Palike, compensation amount has not been properly paid. Sri.S.N.Prashanth Chandra, learned counsel for the BBMP has filed a memo signed by the Executive Engineer, Malleshwaram Division, Bengaluru West City Corporation and also by Sri.S.N.Prashanth Chandra along with the sketch showing the acquisition of the property with coloration. 4. An enquiry needs to be held by the Executing Court based on the sketch filed by the Decree Holder as well as the Judgment Debtor and based on such enquiry, if compensation is still payable by the BBMP for the acquired land of the Decree Holder for the purpose of Road, necessarily execution petition has to continue for recovery of the compensation amount. - 5 - HC-KAR NC: 2025:KHC:47596 CRP No. 87 of 2018 C/W CRP No. 339 of 2015 5. If the compensation is already paid for the acquired land, fresh order of closure of the execution petition can be made. 6. With liberty for the parties to place such necessary materials, this Court is of the considered opinion that matter needs to be remitted to the Executing Court for fresh enquiry in accordance with law. Hence, I pass the following: ORDER i) Revision Petitions stand disposed of. ii) Matters are remitted to the Executing Court for holding fresh enquiry in view of the sketch filed by the Decree Holder as well as the respondent. iii) Sketch filed before this Court along with the memo shall be remitted to the trial Court for further consideration. - 6 - HC-KAR NC: 2025:KHC:47596 CRP No. 87 of 2018 C/W CRP No. 339 of 2015 iv) The Judgment Debtor shall be now represented by Executive Engineer, Malleshwaram Division, Bangalore West City Corporation. Necessary amendment must be carried out in the cause title of Execution petition. v) Parties shall appear without further notice before the Executing Court on 09.12.2025. Sd/- (V SRISHANANDA) JUDGE NR/- List No.: 1 Sl No.: 34