- 1 - NC: 2025:KHC-D:223 WP No. 107890 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107890 OF 2024 (GM-CPC) BETWEEN: SHRI SUKESH S/O. NAYAKANNA NAYAK, AGE: 50 YEARS, OCC: COLLEGE LECTURER, OFF/O: SHRI KADASIDDESHWAR PU COLLEGE, HUKKERI, TQ: HUKKERI, DIST: BELAGAVI-591309. …PETITIONER (BY SRI. SHARAD M. PATIL, ADVOCATE) AND: 1. THE YAMANKANMARADI URBAN CO-OP. CREDIT SOCIETY, YAMANKANMARDI, REPRESENT BY ITS SECRETARY, BHIMAPPA LAXMAN BASARIMARAD, AGE: 52 YEARS, OCC: SERVICE, R/O. BASAVAN KUDACHI, TQ AND DIST: BELAGAVI-591124. 2. SHRI RAJESH NAYAKANNA NAIK, AGE: 50 YEARS, OCC: BUSINESS, R/O. SUTAGATTI VILLAGE, TQ: AND DIST: BELAGAVI-591243. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:223 WP No. 107890 of 2024 3. SMT. SHANTA W/O. NAYAKANNA NAYAK, AGE: 68 YEARS, OCC: HOUSEHOLD, R/O. SUTAKATTI VILLAGE, TQ: BELAGAVI, DIST: BELAGAVI-591243. 4. SMT. RAJASHREE D/O. BASALINGAPPA HANJI, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O. 224, NYAYA MARG, SANKET BUILDING, SUBHASH NAGAR, BELAGAVI, TQ: AND DIST: BELAGAVI-590016. 5. SHRI SACHIN S/O. BASALINGAPPA HANJI, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. 224, NYAYA MARG, SANKET BUILDING, SUBHASH NAGAR, BELAGAVI, TQ: AND DIST: BELAGAVI-590016. 6. SHRI SHIVASHANKAR SHIVAPUTRAPPA ZUTTI, AGE: 56 YEARS, OCC: BUSINESS, R/O. YAMAKANMARADI, TQ: HUKKERI, DIST: BELAGAVI-591246. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 29/10/2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, BELAGAVI IN EP NO.42/2014 VIDE ANNEXURE-E AND ISSUE ANY OTHER WRIT OR DIRECTION TO WHICH THE PETITIONER IS FOUND ENTITLED TO THE PRESENT FACTS AND CIRCUMSTANCES. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:223 WP No. 107890 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following reliefs: A) Issue a Writ of certiorari and quash the impugned order dated 29/10/2024 passed by the PRL. Senior Civil Judge and CJM, Belagavi in EP No.42/2014 vide Annexure-E; B) Issue any other Writ or direction to which the petitioner is found entitled to the present facts and circumstances. 2. What has been challenged in the present proceeding is the order dated 29.10.2024 passed by the Principal Senior Civil Judge and CJM, Belagavi in Execution Petition No.42/2014 allowing an application filed in I.A.No.9 under Section 50 R/w Section 151 of the Code of Civil Procedure to bring the legal representative of deceased J.Dr No.1 on record. - 4 - NC: 2025:KHC-D:223 WP No. 107890 of 2024 3. Learned counsel for the petitioner submits that once earlier a memo had been filed by J.Dr.No.2 furnishing the details of the legal heirs of J.Dr.No.1 which came to be rejected vide order dated 30.05.2018 and therefore, no order could have been passed allowing the application filed under Section 50 of CPC. 4. A perusal of the order dated 30.05.2018 only indicates that J.Dr.No.2(B) had furnished the details of the legal heirs of J.Dr.No.1 and the execution Court had come to a conclusion that by filing of a memo, the legal heirs cannot be brought on record and it is for the Decree Holder to implead them. 5. In my considered opinion that order cannot be taken benefit of by the petitioners herein and the said order would not come in the way of allowing an application under Section 50 of the Code of Civil Procedure. In that view of the matter, no - 5 - NC: 2025:KHC-D:223 WP No. 107890 of 2024 grounds being made out, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 20