- 1 - HC-KAR NC: 2025:KHC:39553 WP No. 14359 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 14359 OF 2024 (GM-CPC) BETWEEN: 1. 2. SMT. JAYAMMA W/O LATE VENKATARAMANAPPA AGED ABOUT 66 YEARS SINCE DEAD LRS ALREADY ON RECORD SRINIVASA V S/O LATE VENKATARAMANAPPA AGED ABOUT 45 YEARS. 3. ANANDA V S/O LATE VENKATARAMANAPPA AGED ABOUT 41 YEARS. ALL ARE R/AT PARVATHI NAGARA CHIKKANAHALLI MAIN ROAD ATTIBELE, ATTIBELE HOBLI ANEKAL TLAUK, BENGLAURU URBAN DISTRICT - 562 106. …PETITIONERS (BY SMT. JYOTHI S. KEMPAGOWDAR, ADV., FOR SRI G.S. PRASANNA KUMAR, ADV.) AND: 1. SMT. PILLAMMA D/O LATE VENKATARAMANAPPA AGED ABOUT 65 YEARS. 2. SRI MANJUNATHA S/O LATE VENKATARAMANAPPA AGED ABOUT 57 YEARS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39553 WP No. 14359 of 2024 3. NAGARAJ S/O B. VENKATARAMANAPPA AGED ABOUT 63 YEARS. ALL ARE R/AT PARVATHI NAGARA CHIKKANAHALLI MAIN ROAD ATTIBELE, ATTIBELE HOBLI ANEKAL TLAUK, BENGLAURU URBAN DISTRICT - 562 106. 4. SMT. SUJATHA D/O LATE V. NAGARAJ AGED ABOUT 55 YEARS. R/AT NO.M-16/17 CENTRAL AVENUE, MKB NAGAR, VYASARPADI CHENNAI - 600 039. …RESPONDENTS (BY SRI M.M. PRASHANTHA, ADV., FOR SRI VENKATARAVANAPPA, ADV., FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TOIT IS PRAYED THAT THIS HONBLE COURT MAY BE PLEASED SET ASIDE THE IMPUGNED ORDER DATE 25.10.2022 AT ANNEXURE E PASSED BY THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, AT ANEKAL IN MA NO. 5008/2020 WHICH ALLOWED THE IA FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC, 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 S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2025:KHC:39553 WP No. 14359 of 2024 ORAL ORDER 1. The decree holders 1(a) to 1(c) in Ex.No.33/2006 pending before the Court of Addl. Civil Judge & JMFC, Anekal are before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 25.10.2022 passed by the Court of III Addl. District and Sessions Judge, Bengaluru Rural, Anekal in M.A.No.5008/2020. 2. Heard the learned counsel appearing for the parties. 3. Brief facts leading to filing of this writ petition are, one Venkataramanappa had filed O.S.No.17/2005 for specific performance and the said suit was decreed. Ex.No.33/2006 was filed by Venkataramanappa, to execute the decree passed in O.S.No.17/2005 and during pendency of execution case Venkataramanappa died on 28.11.2009. The petitioners are the second wife and children of deceased Venkataramanappa while the respondents herein are the children of Venkataramanappa from his first wife Chinnamma. After the death of Venkataramanappa, the petitioners and respondents to this writ petition were brought on record as legal representatives of deceased Venkataramanappa in the execution case. In the said - 4 - HC-KAR NC: 2025:KHC:39553 WP No. 14359 of 2024 proceedings, the respondents herein, who are decree holders 1(d) to 1(f) had filed application under Order XXXIX Rule 1 and 2 R/w 151 of CPC with a prayer to restrain the petitioners (decree holders 1(a) to 1(c)) from alienating the suit schedule property. The said application was rejected by the Executing Court and the order passed by the Executing Court was set aside by the Appellate Court in M.A.No.3/2018 vide the order impugned and it is under this circumstance the petitioners are before this Court. 4. It is not in dispute that the decree passed in O.S.No.17/2005 has not yet been executed and the sale deed in respect of the suit schedule property in O.S.No.17/2005 has not yet been executed in favour of the decree holders. It appears that, the petitioners herein had executed a 'ಒೆ ಪತ ' (agreement for sale) in favour of Smt. C.A. Nagarathna and others and it is under these circumstances, respondents herein were compelled to file application before the executing Court since an attempt was made by the petitioners herein to deprive the fruits of decree by the respondents, who are the children of original plaintiff Venkataramanappa, born to his first wife. The - 5 - HC-KAR NC: 2025:KHC:39553 WP No. 14359 of 2024 petitioners as well as the respondents are all legal representatives of deceased Venkataramanappa, who was the plaintiff in O.S.No.17/2005. Since attempt was made to create right in respect of suit schedule property even before the decree in O.S.No.17/2005 was executed, the respondents, who are the children of original plaintiff Venkataramanappa from his first wife had filed application to protect their interest in the suit schedule property. The Trial Court without appreciating the same had dismissed the said application. 5. The Appellate Court having found that the Trial Court had erred in rejecting the application since it failed to protect the interest of the parties who claim right under the original plaintiff Venkataramanappa has rightly set aside the order passed by the Trial Court and passed the order impugned restraining the petitioners from alienating the suit schedule property in O.S.No.17/2005 till the disposal of the execution petition. I do not find any infirmity or illegality in the impugned order which is passed keeping interest of all the parties, who claim under the original plaintiff Venkataramanappa. Under these circumstances, I am of the opinion that, this writ petition - 6 - HC-KAR NC: 2025:KHC:39553 WP No. 14359 of 2024 does not merit consideration. Accordingly, the same is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 35