- 1 - HC-KAR NC: 2025:KHC-D:18077 WP No. 104494 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEDGE WRIT PETITION NO.104494 OF 2025 (GM-CPC) BETWEEN: 1. RAJU S/O. NARAYAN DESHAPANDE, AGE: 54 YEARS, OCC: AGRICULTURE, R/O. GONNAKATTI, TQ: BAGALKOT, DIST: BAGALKOT-587101. 2. GYANAPPA S/O. SANGANABASAPPA KURI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. SANGAPUR, TQ: BAGALKOT, DIST: BAGALKOT-587101. …PETITIONERS (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: 1. ARJUN S/O. MALIYAPPA METI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. SANGONDHI, TQ: DIST: BAGALKOT-587101. 2. KASTUREWWA W/O. MANAPPA BHAVI, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR KASTURI MATH, SIDDAPPAN TEMPLE, GADDANAKERI, TQ: DIST: BAGALKOT-587101. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18077 WP No. 104494 of 2025 3. YALLAPPA S/O. MANAPPA BHAVI, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR KASTURI MATH, SIDDAPPAN TEMPLE, GADDANAKERI, TQ: DIST: BAGALKOT-587201. 4. SANGAPPA S/O. MANAPPA BHAVI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR KASTURI MATH, SIDDAPPAN TEMPLE, GADDANAKERI, TQ: DIST: BAGALKOT-587101. 5. DASHARAT S/O. MANAPPA BHAVI, AGE: 37 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR KASTURI MATH, SIDDAPPAN TEMPLE, GADDANAKERI, TQ: DIST: BAGALKOT-587101. …RESPONDENTS (BY SRI. MRUTYUNJAY S. HALLIKERI, ADVOCATE FOR R1; NOTICE TO R2, R3 & R5 IS SERVED; NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASH THE ORDER DATED 16- 12-2023 ON I.A.NO.3 UNDER ORDER 21 RULE 58 OF CPC AND ORDER DATED 15-4-2025 ON I.A.NO.5 UNDER ORDER 26 RULE 9 READ WITH 151 OF CPC IN EX.PET.NO.118/2023 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC BAGALKOT AS PER ANNEXURE-L TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18077 WP No. 104494 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 16.12.2023 rejecting the application filed under Order XXI Rule 58 of the Code of Civil Procedure, 1908 (for short ‘Code’) by the pendente lite purchaser in a suit for specific performance. 2. The suit for specific performance is decreed and the plaintiff has filed execution petition. The pendente lite purchaser has filed application under Order XXI Rule 58 of the Code claiming right over the property. 3. It is the contention of the learned counsel for the petitioner that the pendente lite purchaser has filed an appeal against the decree, which is an ex- parte decree. It is submitted that appeal is dismissed for non-prosecution and an application is filed to restore the appeal and same is pending. - 4 - HC-KAR NC: 2025:KHC-D:18077 WP No. 104494 of 2025 4. Under these circumstances, the Court does not find any error in the order rejecting the application filed under Order XXI Rule 58 of the Code. 5. Hence, the following: ORDER i. The petition is dismissed. ii. The Executing Court can proceed with the execution of the decree. iii. However, it is made clear that merely because the decree is executed, it does not render the miscellaneous petition pending before the jurisdictional Court infructuous. The Miscellaneous Petition has to be heard in accordance with law. iv. The sale deed to be executed shall be subject to result of the suit as decree is in a way still under challenge. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT-MCK LIST NO.: 1 SL NO.: 32