- 1 - HC-KAR NC: 2025:KHC:51104 WP No. 35270 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 35270 OF 2025 (GM-CPC) BETWEEN: SRI.C.P.YOGESHWAR S/O. PUTTAMADEGOWDA, AGED ABOUT 62 YEARS, R/AT CHAKKERE VILLAGE, MALURU HOBLI, CHANNAPATNA, RAMANAGARA DISTRICT - 562 160. …PETITIONER (BY SRI PRASANNA V R, ADVOCATE) AND: MR.TAJNIJAMUDDIN, S/O LATE NASIR KHAN, AGED ABOUT 38 YEARS, R/AT HONGANURU VILLAGE, KASABA HOBLI, CHENNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.07.2025 IN EX. CASE NO.10/2024 ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE AND JMFC, CHANNAPATNA VIDE ANNXURE-A ISSUING DELIVERY WARRANT AND ALSO RECORDING THAT THE SUIT A SCHEDULE PROPERTY IS SAID TO BE DELIVERED TO THE RESPONDENT/ DECREE HOLDER PURSUANT TO THE DECREE DATED 25.10.2023 IN OS NO. 109/2017 FOR RECOVERY OF POSSESSION OF THE ALLEGED ENCROACHED PORTION OF THE LAND TRUE COPY OF WHICH IS PRODUCED AT ANNX-B. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51104 WP No. 35270 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Petition is filed assailing the order issuing the possession warrant against the petitioner. 2. Petitioner has suffered a decree for possession. Petitioner prayed for the survey of the property before the possession warrant was issued and executed. The Trial Court rejected the prayer on the premise that the property was already measured during the pendency of the suit and the Commissioner has identified the property. 3. Under the circumstances, this Court does not find any reason to interfere with the order passed by the Executing Court. 4. Accordingly, petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 23