- 1 - HC-KAR NC: 2025:KHC:52720 CRP No. 181 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.181 OF 2021 (EX) BETWEEN: 1. NAGESH K S/O LATE JARAPPA AGED ABOUT 61 YEARS, 2. THIMMAPPA K S/O LATE JARAPPA AGED ABOUT 59 YEARS, BOTH ARE R/AT NEAR BABUSWAMY DAIVASTANA, 4TH MAIL, KAVOOR VILLAGE AND POST, MANGALURU-575 015 …PETITIONERS (BY SRI VISHWAJITH RAI M, ADVOCATE) AND: SMT SARASWATHI W/O B S UMESH AGED ABOUT 55 YEARS, R/O 4TH MAIL, MULLAKAD KAVOOR VILLAGE AND POST MANGALURU-575 015 …RESPONDENT (BY SRI PRAJWAL R. RANE FOR SRI PARASHURAM A. LAKSHMAN AND RASHMI S, ADVOCATES) THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE, 1908 AGAINST THE ORDER DATED 10.03.2021 PASSED IN EX.No.99/2016 ON THE FILE OF THE V ADDITIONAL CIVIL JUDGE AND JMFC., MANGALURU D.K., Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52720 CRP No. 181 of 2021 ALLOWING THE EXECUTION PETITION UNDER ORDER XXI RULE 35 READWITH SECTION 151 OF CIVIL PROCEDURE CODE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Vishwajith Rai M., learned counsel for the revision petitioners and Sri Prajwal R. Rane, learned counsel for respondent. 2. The present revision petition is filed challenging the order passed in Execution Case No.99/2016 on 10.03.2021. 3. The operative portion of the order reads as under: “The Execution petition No.99/2016 filed by the D.Hr is hereby allowed. Directed the J.Drs to erect the revetment wall with the assistance of Civil Engineer as per the terms and conditions of compromise decree passed in O.S.No.1093/2014 within one month from the date of this order. Directed the Jurisdictional Police to provide Police aid to the Bailiff in construction of revetment wall by the J.Drs. Issue intimation to the Jurisdictional Police. - 3 - HC-KAR NC: 2025:KHC:52720 CRP No. 181 of 2021 If the J.Drs fails to obey the aforesaid order, the D.Hr is at liberty to take coercive steps against the J.Drs.” 4. Revision petitioner is present and has filed affidavit which reads as under: “I, Nagesh K s/o Late Jarappa Maistry, aged 65 years, residing at Om sai Ram, near , 4th mile stone, Kavoor Post Mullakdu, Mangalore -575015 now come to Bangalore do solemnly affirm and state on oath as follows: 1. I state that I am the Revision Petitioner in the above matter and I am acquainted with the facts of the case and I am competent to file the present affidavit. 2. 1 state that the present civil revision petition came to be filed challenging the order dated 10.03.2021 in Ex.Case no.99/2016 passed by the V Addl. Civil Judge & JMFC at Mangaluru. 3. I state that I undertake to construct by myself or with the assistance of the Corporation authorities to erect construct the revetment wall measuring 70 feet in length and 15 feet in height as well as a wall on the southern portion of the my property measuring 35 feet in length and 10 feet in height jointly or individually as per the compromise decree passed in O.S.No.1093/2014 by the end of May 2026, under the understanding that the - 4 - HC-KAR NC: 2025:KHC:52720 CRP No. 181 of 2021 Respondent will not object to the same and shall also co-operate in this regard.” 5. Copy of the affidavit is served on the counsel for respondent. On the affidavit filed by the revision petitioner, counsel for respondent has endorsed no objection. 6. Having heard the parties and placing the affidavit on record, following order is passed. ORDER (i) Civil Revision Petition stands disposed of (ii) As per the undertaking given in the affidavit, revision petitioner shall construct the damaged wall on or before 31.05.2026 either by himself or with the aid of the Corporation Authorities. (iii) For the purpose of construction of the damaged retention wall, the respondent shall allow the revision petitioner or his workmen to enter the property of the respondent despite the order of injunction that has already been operative against the revision petitioner. (iv) It is made clear that the entry to the property of the respondent is only for the purpose of - 5 - HC-KAR NC: 2025:KHC:52720 CRP No. 181 of 2021 reconstruction of the retention wall wherever it is damaged. (v) Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 38