- 1 - HC-KAR NC: 2025:KHC:50902 WP No. 6857 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 6857 OF 2024 (GM-CPC) BETWEEN: 1. MRS. MUNIRAJAMMA W/O ABBAIAH AGED ABOUT 47 YEARS. 2. O MURALI S/O LATE OBALAPPA AGED ABOUT 43 YEARS. 3. MRS. H.N. TRIVENI W/O O. MURALI AGED ABOUT 34 YEARS. ALL R/AT SARJAPURA VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, BENGALURU. …PETITIONERS (BY SRI ARUN ASHOK GADAG, ADV.) AND: 1. M/S CITILIGHTS ESTATE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING REG OFFICE AT NO.1/1 NEW PUSHPA VIHAR, OFF COLABA POST OFFICE, MUMBAI 400005 & BRANCH OFFICE AT NO.3795 7TH MAIN, HAL 2ND STAGE INDIRANAGAR, BENGALURU - 560038 REP BY AUTHORISED SIGNATORY MS SAFINAZ. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50902 WP No. 6857 of 2024 2. MR. YELLAPPA S/O LATE TELAGARA HALLI GURAPPA AGED ABOUT 83 YEARS. 3. MR. SHANTA KUMAR S/O MR. YELLAPPA AGED ABOUT 54 YEARS. 4. M. RAMASWAMY S/O MR YELLAPPA AGED ABOUT 42 YEARS. 5. SMT. LAKSHMAMMA W/O LATE MUNISWAMY AGED ABOUT 72 YEARS. 6. MR. ANANTHARAJU S/O LATE MUNISWAMY AGED MAJOR. 7. MR. VENKATESH S/O LATE MUNISWAMY AGED ABOUT 44 YEARS. 8. MR. ABBAIAH S/O LATE GURAPPA, AGED ABOUT 72 YEARS. 9. MR. S.A. GOPI S/O MR ABBAIAH AGED ABOUT 43 YEARS. 10. MR. ANIL KUMAR S/O MR. ABBAIAH AGED ABOUT 40 YEARS. 11. MS. ANITA KUMARI S/O MR ABBAIAH AGED ABOUT 38 YEARS. - 3 - HC-KAR NC: 2025:KHC:50902 WP No. 6857 of 2024 12. MR. KIRAN KUMAR S/O MR. ABBAIAH AGED ABOUT 36 YEARS. 13. MR. MUTTU RAJ S/O MR. ABBAIAH AGED ABOUT 32 YEARS. ALL THE RESPONDENT 2 TO 13 R/AT SARJAPURA VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU URBAN. 14. MR. D.V. BHUVANESH S/O LATE VEERABHADRAIAH PROPRITOR OF M/S AV DEVELOPERS R/AT DOMMASANDRA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU 562 125. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTUTIION OF INDIA PRAYING TO SET ASIDE/QUASH THE EXECUTION OF THE SALE DEED DATED 12.08.2022 REGISTERED DOC NO. ANK-1-04159/2022-23 REGISTERED BEFORE THE SENIOR SUB-REGISTRAR, ANEKAL UPON THE ORDER DATED 04.07.2022 PASSED BY THE XIII ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (MAYO HALL CCH-22) IN EX PET NO. 25085/2016. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs:- "a) Issue a writ in the nature of Certiorari or Mandamus or any other appropriate Writ or Order to - 4 - HC-KAR NC: 2025:KHC:50902 WP No. 6857 of 2024 set aside/quash the execution of the Sale Deed dated 12.08.2022 registered Doc No.ANK-1-04159/2022- 23 registered before the Senior Sub-Registrar, Anekal upon the order dated 04.07.2022 passed by the XIII Addl. City Civil and Sessions Judge, Bengaluru, (Mayo Hall - CCH-22) in Ex Pet No.25085/2016 marked as Annexure-B. b) Issue a writ in the nature of Certiorari or Mandamus or any other appropriate Writ or order to set aside/quash the order dated 01.09.2022 passed by the XIII Addl. City Civil and Sessions Judge at Bengaluru (Mayo Hall CCH-22) in Ex Pet No.25085/2016 wherein the Hon'ble Court below closed the case (Annexure-A) & c) Pass such other order or direction is as this Honourable Court deems fit in the fact and circumstances of the above case, such may be done in the best interest of justice and equity." 2. Heard the learned counsel for the petitioners. 3. Respondent No.1 herein had initiated arbitration proceedings in AC No.107/2014 before the sole arbitrator seeking the relief of specific performance and in the said proceedings, an award was passed in favour of respondent - 5 - HC-KAR NC: 2025:KHC:50902 WP No. 6857 of 2024 No.1 on 20.07.2015. Execution proceedings in Execution Petition No.25085/2016 was initiated by the decree holder in AC No.107/2014 against the judgment debtors and since judgment debtors had not come forward to execute the Sale Deed in respect of the property which was the subject matter of AC No.107/2014, the Executing Court, vide order dated 04.07.2022 had appointed a Court Commissioner for the purpose of executing the Sale Deed in favour of the Decree Holder and consequent to the said order, it appears that a Sale Deed was executed on 12.08.2022 in respect of the property which was the subject matter of AC No.107/2014 in favour of the Decree Holder. Assailing the aforesaid order dated 04.07.2022 passed in Execution Petition No.25085/2016 and also the Sale Deed dated 12.08.2022 which was executed and registered in the office of the Senior Sub-Registrar, Anekal, the petitioner is before this Court. 4. Undisputedly, the Award passed in AC No.107/2014 has attained finality. Petitioners herein have not made any attempt to get themselves impleaded in the execution proceedings and raise any objection for executing the award passed in AC - 6 - HC-KAR NC: 2025:KHC:50902 WP No. 6857 of 2024 No.107/2014. It is the case of the petitioners that the property which is the subject matter of award passed in AC No.107/2014, is a joint family property and they have filed OS No.795/2009 before the jurisdictional Civil Court seeking partition and separate possession of the joint family properties including the property which is the subject matter of award passed in AC No.107/2014. If that is so, it is for the petitioners to seek appropriate relief in the pending suit and they cannot challenge the orders passed in the execution proceedings merely for the reason that their suit is pending. Therefore, I do not find any merit in this writ petition. Accordingly, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 14