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2025 DAILYLAW 77252 (KAR)

NARASIMHAPPA DEAD BY LRS v. SMT. MURIGEMMA

CRP/415/2023 · 2025-12-10

V Srishananda

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52579 CRP No. 415 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 415 OF 2023 (EX) BETWEEN: 1. NARASIMHAPPA DEAD BY LRS. SMT. BYRAMMA W/O LATE NARASIMAHAPPA AGED 64 YEARS 2. SRI. H. RAMACHANDRAPPA S/O LATE NARASIMAHAPPA AGED ABOUT 48 YEARS 3. SRI. JAYAPPA S/O LATE NARASIMHAPPA AGED ABOUT 46 YEARS 4. SRI. MAHESHWARAPPA S/O LATE NARASIMHAPPA AGED 44 YEARS 5. SRI. N. RAMAPPA S/O LATE NARASIMHAPPA AGED ABOUT 43 YEARS ALL ARE R/AT AJJIHALLI VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577522 …PETITIONERS (BY SRI. V.S. RAVINDRA HOLLA, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52579 CRP No. 415 of 2023 AND: 1. SMT. MURIGEMMA W/O LATE M.B.ESHWARAPPA AGED 63 YEARS 2. SRI. BABU S/O LATE M.B.ESHAWARAPPA AGED 36 YEARS 3. SRI. M.B. RAJAPPA S/O BASAPPA AGED 49 YEARS R/O AJJIHALLI VILLAGE CHANNAGIRI TQ. DAVANAGERE DIST - 577 522 …RESPONDENTS (R1 - MURIGEMMA SERVED, R2 - BABU SERVED, R3 - M B RAJAPPA SERVED) THIS CRP FILED UNDER SEC. 115 OF CPC AGAINST THE ORDER DATED 24.01.2019 PASSED ON I.A.NO.1 IN EX.NO.1/2013 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, CHANNAGIRI, ALLOWING THE IA NO.1 FILED UNDER SEC. 151 OF CPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:52579 CRP No. 415 of 2023 ORAL ORDER 1. Heard Sri. V.S. Ravindra Holla, learned counsel for the revision petitioner. Respondents are served and unrepresented. 2. There is a delay of 824 days in filing the revision petition. I.A. No.1/2023 is filed seeking condonation of the delay of 824 days in filing the revision petition. 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1 Father of the petitioner herein suffered a decree of permanent injunction O.S. No.287/2007. When there is a violation of the injunction decree, an execution case came to be filed seeking police help. 3.2 Learned Trial Judge on the application filed by the decree holder under Section 151 of the Code of Civil - 4 - HC-KAR NC: 2025:KHC:52579 CRP No. 415 of 2023 Procedure, allowed the same and directed PSI, Chennagiri to accord necessary police help for the Decree Holder in implementing the decree of permanent injunction. 4. Said Order is assailed by the legal representatives of the original defendant in this revision petition. 5. Admittedly, the impugned Order is dated 24.01.2019. 6. Against the said Order, the revision petitioner filed writ petition which came to be dismissed with liberty to file the revision petition. 7. On perusal of the impugned Order, the order passed by the Executing Court is not a revisable Order under Section 115 of the Code of Civil Procedure. 8. Nevertheless, if the legal representatives of the original defendants are not interfering with the peaceful possession and enjoyment, they may execute a necessary - 5 - HC-KAR NC: 2025:KHC:52579 CRP No. 415 of 2023 bond and intimate the Executing Court by way of an affidavit that they are not going to interfere with the peaceful possession and enjoyment of the plaintiff pursuant to the decree passed in O.S. No.287/2007. 9. With that liberty, this Court is of the concerned opinion that the huge delay cannot be condoned as the reasons assigned in the affidavit are not satisfactory. 10. Hence, following Order: ORDER (i) I.A.No.1/2023 is dismissed. (ii) Consequently, revision petition also dismissed. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 23 CT-SG