- 1 - HC-KAR NC: 2025:KHC:49809 CRP No. 210 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 210 OF 2022 BETWEEN: 1. MR DODDARAJU S/O MR. RAMASHETTY AGED 54 YEARS 2. MR. SHIVARAMU S/O LATE HARUVASHETTY AGED 55 YEARS 3. MR. SHIVANANJAIAH S/O LATE HARUVASHETTY AGED 53 YEARS SL.NO. 1 TO 3 ARE R/AT Y K MOLE, KASABA HOBLI, YELANDUR TALUK, CHAMARAJANAGARA DIST - 571 441 …PETITIONERS (BY SRI. RAJANNA., ADVOCATE) AND: 1. MR KEMPARUVAIAH S S/O MR. SIDDASHETTY AGED 67 YEARS R/AT Y K MOLE, KASABA HOBLI, YELANDUR TALUK CHAMARAJANAGARA DIST - 571 441 Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49809 CRP No. 210 of 2022 2. SMT. LALITHA W/O LATE SIDDARAJU AGED 53 YEARS 3. SMT. DEEPA W/O MR. BASAVARAJU D/O LATE SIDDARAJU AGED 32 YEARS 4. MR. KESHAVA S/O LATE SIDDARAJU AGED 30 YEARS SL. NO.1 TO 4 ARE R/AT Y K MOLE, KASABA HOBLI, YELANDUR TALUK, CHAMARAJANAGARA DIST-571441. 5. MR. BILIGIRI RANGAIAH S/O LATE BHAGAIAH AGED 83 YEARS R/AT HARIJANA STREET Y K MOLE, KASABA HOBLI YELANDUR TALUK CHAMARAJANAGARA DISTRICT - 571 441 …RESPONDENTS (BY SRI. MALLAPPA S NACHAVAR., ADVOCATE FOR R1 V/O/D 9/6/22 NOTICE TO R2 TO R5 IS D/W) THIS CRP IS FILED UNDER SECTION 115 OF CPC CALL FOR THE ENTIRE RECORDS IN EX.No.02/2016 ON THE FILE OF THE CIVIL JUDGE AND JMFC, YELANDUR, CHAMARAJANAGAR DISTRICT AND SET ASIDE THE ORDER DATED 28.02.2022 PASSED BY THE CIVIL JUDGE AND JMFC, YELANDUR, CHAMARAJANAGAR DISTRICT IN EX.No.02/2016 AND ALLOW THE PETITION AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49809 CRP No. 210 of 2022 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER This revision petition is filed by the Judgment Debtors challenging the order passed in Execution Case No.2/2016, whereunder the Executing Court has recorded a categorical finding that there was a violation of the decree and Judgment Debtors are to be detain in civil imprisonment for a period of 30 days and if the disobedience to continue for further period. Properties of Judgment Debtors were attached and to be proceeded under Order 21 Rule 32 of CPC. The validity of the same is called in question. 2. In view of the affidavits filed wherein there is a categorical undertaking that the Judgment Debtors No.1 and 3 would not interfere with the peaceful possession and enjoyment of the Decree Holder in future and for the disobedience committed, they may be pardoned. - 4 - HC-KAR NC: 2025:KHC:49809 CRP No. 210 of 2022 3. Per contra, Smt.Sukanya representing Mallappa.S.Nachavar submits that when there is a clear finding by the executing court that there is a disobedience, affidavits filed by the judgment debtors before this Court cannot be countenanced in modifying the impugned order and sought for dismissal of the revision petition. 4. Having taken note of the fact that the judgment debtors No.1 and 3 have unequivocally stated before this Court by way of an affidavit that they would not interfere with the decree passed in O.S.No.104/2003, with a warning to the revision petitioners that any further disobedience would restore the order of civil imprisonment and attachment of the property, the revision petition can be disposed of by directing the judgment debtors to pay a costs of Rs.5,000/- to the respondent- decree holder. 5. Hence, the following; ORDER (i) The revision petition allowed-in-part. - 5 - HC-KAR NC: 2025:KHC:49809 CRP No. 210 of 2022 (ii) The finding of disobedience is maintained. (iii) Instead of the civil imprisonment and attachment of the property, judgment debtors No.1 and 3 are directed to pay costs Rs.5,000/- to the Decree Holder. Judgment debtors are present before the court and tender Rs.5,000/- to the counsel for decree holder. Same is acknowledged in the order sheet. (iv) It is made further clear that if there is any disobedience of the decree passed in O.S.No.104/2003, in future, the Decree Holder is entitled to revive the revision petition and in such event, the order of the trial court of attachment of the property and civil imprisonment stands restored automatically. Sd/- (V SRISHANANDA) JUDGE KLY CT: JL