- 1 - NC: 2025:KHC-D:3563 WP No. 106983 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106983 OF 2024 (GM-CPC) BETWEEN: SRI. RAGHAVENDRA S/O. MURALIDHARSA PAWAR, AGE: 40 YEARS, OCC: BUSINESS, R/O. UMESH HUBBALLI LAY-OUT, NEAR TIPPU SULTAN CIRCLE, HUBBALLI ROAD, GADAG-582101, TQ: AND DIST: GADAG. …PETITIONER (BY SRI. BALAGOUDA A. PATIL, ADVOCATE) AND: 1. SRI. SHANKARSA S/O. ARJUNSA BAKALE, AGE: 31 YEARS, OCC: BUSINESS, R/O. BAKALE PAN SHOP, NEAR MULAGUNDA NAKA, GADAG-582101, TQ: AND DIST: GADAG. 2. SRI. SANTOSH S/O. ARJUNSA BAKALE, AGE: 30 YEARS, OCC: BUSINESS, R/O. BAKALE PAN SHOP, NEAR MULAGUNDA NAKA, GADAG-582101, TQ: AND DIST: GADAG. 3. SRI. NARAYANSA S/O. ARJUNSA BAKALE, AGE: 29 YEARS, OCC: BUSINESS, R/O. BAKALE PAN SHOP, NEAR MULAGUNDA NAKA, GADAG-582101, TQ: AND DIST: GADAG. 4. SMT. RENUKABAI W/O. PREMANATH SHIDLING, AGE: 53 YEARS, OCC: HOUSEHOLD WORK R/O. GOVT. SCHOOL NO.1, KILLA ONI, GADAG-582101, TQ: AND DIST: GADAG. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:12:53 +0530 - 2 - NC: 2025:KHC-D:3563 WP No. 106983 of 2024 5. SRI. GANESH S/O. PREMANATH SHIDLING, AGE: 25 YEARS, OCC: BUSINESS, R/O. GOVT. SCHOOL NO.1, KILLA ONI, GADAG-582101, TQ: AND DIST: GADAG. 6. SRI. NAGARAJ S/O. HANAMANTSA SHIDLING, AGE: 41 YEARS, OCC: BUSINESS, R/O. MUTTON MARKET, BHAGYA NAGAR, KOPPAL-583221, TQ: AND DIST: KOPPAL. 7. SMT. PREMILABAI W/O. ASHOK KATIGAR, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. MUTTON MARKET, BHAGYA NAGAR, KOPPAL-583231,, TQ: AND DIST: KOPPAL. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 18/12/2023 ON I.A.NO.3 PASSED BY THE III. ADDL. CIVIL JUDGE AND JMFC, GADAG, IN E.P.NO.39/2021 PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari or any other writ quashing the order dated 18/12/2023 on I.A.No.3 passed by the III. Addl. Civil - 3 - NC: 2025:KHC-D:3563 WP No. 106983 of 2024 judge and JMFC, Gadag, in E.P.No.39/2021 produced at Annexure-A. ii. Issue any other writ or direction to meet the ends of justice. . 3. The petitioner is aggrieved by dismissal of the application filed under Order XXI Rule 97 of the Code of Civil Procedure in Execution Petition No.39/2021. The petitioner claims to be a tenant under judgment debtors No.1(a) and 1(b) and as such, in possession of property. It is in that background that the said application has been filed. 4. Any application under Rule 27 of Order XXI or Rule 99 of Order XXI of the Code of Civil Procedure could be filed only by a third party and not by a person claiming under the judgement debtor. 5. In that view of the matter, the order passed by the Execution Court that the application filed by the petitioner is not maintainable is proper and correct. Furthermore, the petitioner had also filed a separate suit in O.S.No.5/2022 which is pending adjudication. - 4 - NC: 2025:KHC-D:3563 WP No. 106983 of 2024 6. Reserving the petitioner liberty to agitate all his rights in the pending suit, finding no ground for interference with the impugned order, the petition stand dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 18