- 1 - HC-KAR NC: 2025:KHC:29719 WP No. 19455 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19455 OF 2025 (GM-CPC) BETWEEN: 1. SRI. KENDAGANNEGOWDA AGED ABOUT 62 YEARS S/O LATE B. KEMPEGOWDA, R/AT NO.36, ANDARAYANAPURA VILLAGE, ASWAL-BENKIPURA ROAD, BILIKERE HOBLI, HUNSUR TALUK, MYSORE DISTRICT - 570001. 2. SMT. GEETHA ALIAS GEETHA KUMAR, AGED ABOUT 60 YEARS D/O LATE B. KEMPEGOWDA, W/O RAMAKRISHNEGOWDA, R/AT NO.265, VIDYA NAGARA, OPP. MINI VIDHANA SOUDHA, H.D.KOTE TOWN - 571125 MYSORE DISTRICT. …PETITIONERS (BY SRI. B.S. NAGARAJ, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER MYSURU SUB-DIVISION MYSURU - 570 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29719 WP No. 19455 of 2025 2. THE ASSISTANT DIRECTOR OF DEPARTMENT YOUTH SERVICE AND SPORTS, CHAMUNDI VIHAR, MYSURU - 570 001. 3. SRI. K. SHANTA RAJU, AGED ABOUT 55 YEARS, S/O LATE B. KEMPEGOWDA, 4. SRI. KUMAR S., AGED ABOUT 36 YEARS S/O SHANTHARAJU, RESPONDENTS NO.3 AND 4 ARE R/AT ASWAL VILLAGE, BILKERE HOBLI, HUNSUR TALUK - 571 105, MYSORE DISTRICT. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT SEEKING A WRIT OF MANDAMUS OR ANY APPROPRIATE WRIT DIRECTING THE LEARNED 1SI ADDL. SENIOR CIVIL JUDGE AND CIM, MYSURU TO DISPOSE THE EX. CASE NO.173/2022 AND BY PASSING AN ORDER ON INTERLOCUTORY APPLICATION DATED, 29.06.2024, FILED UNDER ORDER 21 RULE 97 R/W 151 OF CPC TO COME ON RECORD AS THIRD PARTY, FOR CLAIMING HIS SHARE ON THE ACQUIRED PROPERTY, SINCE HIS CLAIM IS ALREADY REJECTED. THE COPY OF THE SAID INTERLOCUTORY APPLICATION IS SUBMITTED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29719 WP No. 19455 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "i. Issue a Writ in the nature of Mandamus or any other appropriate Writ seeking a writ of mandamus or any appropriate writ directing the learned 1si Addl. Senior Civil Judge and CJM, Mysuru to dispose the Ex.Case No.173/2022 and by passing an order on Interlocutory Application dated, 29.06.2024, filed under order 21 Rule 97 R/w 151 of CPC to come on record as third party, for claiming his share on the acquired property, since his claim is already rejected. The copy of the said interlocutory Application is submitted at Annexure-'A'. and, ii. Pass such other order/s as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of Justice and Equity." 2. Heard Sri. B.S. Nagaraj, learned counsel appearing for the petitioners, Smt. Rashmi Rao, learned HCGP appearing for respondent Nos.1 and 2 and have perused the material on record. 3. The petitioners are decree holder Nos.1 and 2. Their lands get acquired on 29.04.1997 and are till date fighting the battle with regard to enhance compensation being - 4 - HC-KAR NC: 2025:KHC:29719 WP No. 19455 of 2025 paid to them in L.A.C.No.7/2012. L.A.C.No.7/2012 also comes to be disposed and Execution Case in one Execution Case No.173/2022 is instituted by these petitioners. The same is languishing for the last 13 years. 4. In that light, the prayer that is sought for by the petitioners would merit consideration. 5. In the light of the prayer being innocuous, the concerned Court i.e., Executing Court in Execution Case.No.173/2022 shall dispose the execution case within an outer limit of four (4) months, if not earlier. With aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 25/CT: BHK