- 1 - HC-KAR NC: 2025:KHC-D:10537 WP No. 103909 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103909 OF 2025 (GM-CPC) BETWEEN: 1. SMT. CHANNAMMA @ RATNA W/O. LATE MRUTUNJAYAPPA KADEKOPPA, AGE: 60 YEARS, OCC. HOUSEHOLD WORK, R.O. HOUSE NO.663, NIJALINGAPPA BADAVANE, 2ND MAIN, 8TH CROSS, DAVANAGERE-577005. 2. KOTRESH S/O. GURUSHANTAPPA PATTNASHETTY, AGE: 61 YEARS, OCC. BUSINESS, R.O. DODDAPETE, PATTANASHETTY ONI, RANEBENNUR-581115, DIST. HAVERI. 3. SMT. LATHA W/O. REVANASIDDAPPA HALAGERI, AGE: 52 YEARS, OCC. HOUSEHOLD WORK, R/O. DOOR NO.1149, SRI. VEERABHADRESHWAR NILAYA, NEAR R.V. PUBLIC SCHOOL, NIJALINGAPPA LAYOUT, DAVANAGERE-577001. 4. SMT. BHARATHI W.O. LATE SHASHIDHAR PATTANASHETTY, AGE: 52 YEARS, OCC. TEACHER IN RTES SCHOOL, RANEBENNUR, R/O. DODDAPETE PATTANASHETTY ONI, RANEBENNUR-581115, DIST. HAVERI. 5. SMT. KAVYA W/O. VINAYAK SAKREPPANAVAR, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10537 WP No. 103909 of 2025 AGE: 20 YEARS, OCC. HOUSEHOLD WORK, R/O. DOOR NO.61, 9TH CROSS, 1ST MAIN, MARUTHI NAGAR, YALAHANKA, BENGALURU-64. …PETITIONERS (BY SRI. PRUTHVIRAJ P. HITTALAMANI, ADVOCATE) AND: 1. SMT. PREMA @ LATHA W/O. NATARAJ KANAVI, AGE: 53 YEARS, OCC. HOUSEHOLD WORK, R/O. RANEBENNUR-581115, NOW RESIDING AT DAVANAGERE-577001. 2. SMT. NIRMALA W/O. PRASANNAKUMAR PATTANASHETTY, AGE: 48 YEARS, OCC. HOUSEHOLD WORK, R/O RANEBENNUR, NOW RESIDING AT DAVANAGERE-577001. 3. SMT. SHOBHA W/O. KOTRESH N.K. CHANNAVEERAPPA, AGE: 44 YEARS, OCC. HOUSEHOLD WORK, R/O. RANEBENNUR, NOW RESIDING AT DAVANAGERE-577005. 4. SMT. SUDHA W/O. N.K. YOGESH, AGE: 42 YEARS, OCC. HOUSEHOLD WORK, R/O.RANEBENNUR, NOW RESIDING AT DAVANAGERE-577001. 5. GANGADHAR S/O. CHANDRAPPA BANKAPURSETTAR @ PATTANASHETTY, AGE: 50 YEARS, OCC. BUSINESS, R/O. NEHRU MARKET, RANEBENNUR, DIST. HAVERI-581115. 6. PRAKASH S/O. SIDDAPPA COOLIE, AGE: 51 YEARS OCC. BUSINESS, R/O. SHAHA BAZAAR. - 3 - HC-KAR NC: 2025:KHC-D:10537 WP No. 103909 of 2025 BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581205. 7. SIDDESH S/O. PRAKASH COOLIE, AGE: 22 YEARS, OCC. STUDENT, R/O. SHAHA BAZAAR, BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581205. 8. SOMESH S/O. PRAKASH COOLIE, AGE: 20 YEARS, OCC. STUDENT, R/O. SHAHA BAZAAR, BANKAPUR, TQ. SHIGGAON, DIST. HAVERI-581205. …RESPONDENTS (BY SRI. M.C HUKKERI, ADVOCATE FOR C/R1 AND R3) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,A. ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED. 19.03.2025 ON I.A NO. 8 VIDE ANENXURE-K IN EXECUTION PETITION NO. 253/2022, PENDING ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR. B. DIRECT THE EXECUTING COURT TO AFORD AN OPPORTUNITY TO THE PETITIONERS TO FILE THEIR COUNTER/REPLY TO THE ADDITIONAL OBJECTIONS AND PROCEED WITH ENQUIRY IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:10537 WP No. 103909 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this court seeking for the following reliefs: a. Issue a writ in the nature of certiorari to quash the order dated. 19.03.2025 on I.A No. 8 vide Anenxure-K in execution petition no. 253/2022, pending on the file of the Addl. Senior Civil Judge and JMFC, Ranebennur. b. Direct the executing court to afford an opportunity to the petitioners to file their counter/reply to the additional objections and proceed with enquiry in accordance with law. c. Grant such other reliefs as this Hon’ble Court may deem fit in the interests of justice and equity. 2. By way of the impugned order dated 19.03.2025, passed by Addl. Senior Civil Judge and JMFC, Ranebennur in EP.No.253/2022, on I.A. No. 8 filed under Section 151 of the Code of Civil Procedure has been allowed, thereby permitting the respondents to - 5 - HC-KAR NC: 2025:KHC-D:10537 WP No. 103909 of 2025 file additional objections to I.A. No. 3. I.A. No. 3 had been filed under Order XXI Rules 97 and 99 of the Code of Civil Procedure. 3. Though learned counsel for the petitioners at the outset contended that such additional objections could not have been permitted, after arguing for some time, he submits that the petitioners may be permitted to file a rejoinder to the additional objections, since the trial Court has not granted such liberty. 4. A perusal of the impugned order does not indicate that any opportunity has been granted to the petitioners to file rejoinder to the said additional objections. In the circumstances, I am of the considered opinion that interest of justice would be served by permitting the petitioners to file a rejoinder to the additional objections filed by the respondents. Accordingly, I pass the following: - 6 - HC-KAR NC: 2025:KHC-D:10537 WP No. 103909 of 2025 ORDER i) The petitioners are permitted to file rejoinder to the additional objections filed to I.A. No. 3 on or before 04.09.2025. ii) It is made clear that if the rejoinder is not filed by 04.09.2025, the benefit of this order shall stand vacated. iii) Any additional evidence or material, if sought to be led by the petitioners, shall be strictly restricted to the contents of the rejoinder. Sd/- (SURAJ GOVINDARAJ) JUDGE VB Ct:pa List No.: 1 Sl No.: 32