- 1 - HC-KAR NC: 2025:KHC:44600 WP No. 29565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 29565 OF 2025 (GM-CPC) BETWEEN: K.RAMESH, S/O. LATE KRISHNAPPA, AGED ABOUT 64 YEARS, R/AT NO. 754, 5TH CROSS, DIVANARAPALYA, GOKULA EXTENSION, BENGALURU-560 054, MOBILE: 9448511056, EMAIL: to ramesha.k@gmail.com kr3469963@gmail.com …PETITIONER (BY SMT J KALADEEPA, ADVOCATE FOR SRI. PATEEL G.S.,ADVOCATE) AND: SRI.MUNIREDDY, S/O FATHER'S NAME NOT KNOWN, RESIDENT OF HEBBAGODI VILLAGE, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44600 WP No. 29565 of 2025 ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 560 099. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) CALL FOR THE ENTIRE RECORDS IN EX. NO. 45/2003, ON THE FILE OF THE RESPONDENT (II) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS BY ISSUING DIRECTIONS TO THE RESPONDENT TO PASS AN ORDER REGARDING ACCEPTANCE OF THE COURT COMMISSIONER REPORT AND TO DISPOSE OF THE MATTER WITHIN A TIME FRAME (III) ISSUE SUCH OTHER WRIT OR ORDER OR DIRECTIONS IN THE CIRCUMSTANCES OF THE CASE AS DEEMED FIT BY THIS HON'BLE COURT WITH COST OF THE PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR NC: 2025:KHC:44600 WP No. 29565 of 2025 ORAL ORDER The present petition is filed by the decree holder in Ex. No.45/2003 seeking the following reliefs: "(i) call for the entire records in Ex. No.45/2003, on the file of the III Addl. Civil Judge & JMFC at Anekal; (ii) Issue a writ or order or direction in the nature of writ of mandamus by issuing directions to the III Addl. Civil Judge & JMFC at Anekal to pass an order regarding acceptance of the Court Commissioner report (Annexures-G & H); (iii) Issue a writ or order or direction in the nature of writ of mandamus by directing the III Addl. Civil Judge & JMFC at Anekal to dispose of the Ex. No.45/2003 Annexure-J within a time frame; and (iv) Issue such other writ or order or directions in the circumstances of the case as deemed fit by this Hon'ble court with cost of the proceedings, in the interest of justice and equity." 2. This Court does not find any need or necessity to issue notice to the respondent-JDR for the reason that the present petition is filed by the DHR for expeditious disposal of Ex. No.45/2003. The petitioner-DHR has filed Ex. No.45/2003 to execute the judgment and decree - 4 - HC-KAR NC: 2025:KHC:44600 WP No. 29565 of 2025 passed in O.S.No.261/1997 in which the JDR made his appearance and has been protracting and prolonging the proceedings by filing applications one after the other only with an intention to drag on the proceedings. An application came to be filed by the DHR for appointment of Court Commissioner under Order XXVI Rule 9 of CPC to inspect the spot and measure the portion of the land in the suit schedule property encroached by the JDR, which came to be allowed. However, after filing of a memo of instructions to the Commissioner, the Commissioner warrant was not executed for conducting fresh survey. The matter has been postponed from day to day for some reason or the other. The JDR has been protracting and harassing the DHR. Hence, the present petition is filed for expeditious disposal of the execution petition. 3. I do not find any legal impediment in allowing this petition. It is appropriate to direct the Executing Court to dispose of the petition expeditiously for the reason that the original suit is of the year 1997 and the execution - 5 - HC-KAR NC: 2025:KHC:44600 WP No. 29565 of 2025 petition is filed in the year 2003 and till date, successful plaintiff-DHR is unable to see the light of the day and enjoy the fruits of the decree. Under the circumstances, since no adverse order is passed against the respondent- JDR, I deem it appropriate to pass the following: ORDER i) This petition is allowed. ii) The Executing Court i.e. III Additional Civil Judge & JMFC, Anekal shall dispose of Ex. No.45/2003 expeditiously not later than four months from the date of receipt of a copy of the order. Sd/- (PRADEEP SINGH YERUR) JUDGE DS List No.: 1 Sl No.: 4