- 1 - HC-KAR NC: 2025:KHC:44884 CRP No. 83 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 83 OF 2022 (EX) BETWEEN: 1. B.L. GIRIJESH S/O.LATE. B S LANKE GOWDA, AGED ABOUT 48 YEARS R/O. KOVRI VILLAGE, BIKKODU HOBLI, BELUR TALUK - 573 115, PRESENT ADDRESS, KUVEMPUNAGARA, 2ND CROSS, MUDIGERE ROAD, BELUR TOWN, BELUR TALUK, HASSAN DISTRICT - 573 115 …PETITIONER (BY SRI. CHINNAPPA GOWDA D.G., ADVOCATE) AND: 1. RAME GOWDA S/O. GIDDE GOWDA, R/O. HOSAPETE VILLAGE, AREHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 115 …RESPONDENT (BY SRI. SOMASHEKARA K.M., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44884 CRP No. 83 of 2022 THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 07.12.2021 PASSED IN EXECUTION PETITION NO.12/2016 ON THE FILE OF THE CIVIL JUDGE AND JMFC, BELUR, DISMISSING THE PETITION FILED UNDER ORDER 21 RULE 32 OF CPC AND ETC. THIS PETITION, COMING ON FOR ADMISSIONS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Chinnappa Gowda D.G., learned counsel for the petitioner and Sri. Somashekara K.M., learned counsel for the respondent. 2. Decree Holder is the revision petitioner challenging the dismissal of the application filed under Order XXI Rule 32 of the Code of Civil Procedure in Execution Case No.12/2016. 3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under : - 3 - HC-KAR NC: 2025:KHC:44884 CRP No. 83 of 2022 3.1 Decree Holder has filed the execution case in Execution Case No.12/2016 to execute the Injunction decree passed in O.S. No.124/2008. 3.2 The respondent the judgment debtor who is respondent before this court did not challenge the said decree and it became final. 3.3 In the meantime, the suit filed by the judgment debtor came to be dismissed and First Appellate Court also confirmed the said dismissal decree. 4. It is now submitted that The judgment writer has now filed a suit in O.S. No.245/2019 for declaration and possession of the suit property. 5. Since a comprehensive suit is filed by the judgment debtor, executing court did not consider the application filed under Order XXI Rule 32 of the Code of Civil Procedure by the decree holder. Therefore, the dismissal of the application is just and proper, which requires no interference in this division petition. - 4 - HC-KAR NC: 2025:KHC:44884 CRP No. 83 of 2022 6. Accordingly, following Order ORDER Civil Revision Petition is dismissed Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 47 CT-SG