- 1 - HC-KAR NC: 2025:KHC:50941 WP No. 5684 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 5684 OF 2021 (GM-CPC) BETWEEN: 1. SRI. M.GANESH S/O LATE M.SATYAVATHAMMA, AGED 50 YEARS, 2. SMT. M.SHARADA D/O LATE M.SATYAVATHAMMA, AGED 48 YEARS, PETITIONER NO.1 & 2 ARE R/AT NO. 51/6, 21ST MAIN ROAD, 22ND CROSS, MARUTI MANDIRA, VIJAYANAGARA, BANGALORE - 560 040. 3. SMT. M. SHASHIKALA D/O LATE M. SATYAVATHAMMA AGED 47 YEARS, R/AT NO.102, ARYA KRISHNA MANSION, CANARA BANK LAYOUT, NEAR SAHAKARA NAGARA RAILWAY GATE, BANGALORE - 560 097. …PETITIONERS (BY SRI. PRAKASH.M.H., ADVOCATE) AND: 1. SMT. VATSALA RAO W/O LATE BHEEMARAO, AGED 68 YEARS, Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:50941 WP No. 5684 of 2021 2. SMT. ANITA RAJ D/O LATE BHEEMARAO, AGE MAJOR, 3. SRI. B.AJIT KUMAR S/O LATE BHEEMARAO, AGE MAJOR, RESPONDENT NO.1 TO 3 ARE R/AT NO.10, AJIOT NIVAS RMV II STAGE, NEW BEL ROAD, CHIKKMARENAHALLI, BANGALORE – 94. 4. SMT. VENKATALAKSHMAMMA W/O LATE L.N.KRISHNAPPA, AGE MAJOR, R/AT NO.81, 7TH MAIN, 5TH CROSS, L.N.PURAM, BANGALORE – 560 021. 5. SMT. LAKSHMAMMA W/O LAKSHMANACHARI, AGE MAJOR, R/AT FLAT NO.13, OPP. APS COLLEGE, II CROSS, BASAVANAGUDI, BANGALORE – 04. 6. SRI. M.N.NAGARAJA RAO S/O LATE NARAYANA RAO, AGED MAJOR, 7. SRI. N.DRUVA KUMAR S/O LATE M N NARAYANA RAO AGE MAJOR RESPONDENT NO.6 & 7 ARE R/AT: R/AT NO.129, 3RD CROSS, “SAROJA SADANA” RAJYOSTAVA NAGAR, - 3 - HC-KAR NC: 2025:KHC:50941 WP No. 5684 of 2021 K.S.LAYOUT, PIPELINE ROAD, BANGALORE - 560 076. 8. SRI. N.KIRAN KUMAR S/O LATE M.N.NAGARAJA RAO, AGE MAJOR, R/AT NO.75, 1ST MAIN ROAD, 4TH CROSS, BSK 5TH STAGE, VASANTHAPURA, BANGALORE - 560 061. 9. SMT. GIRIJAMBA D/O LATE KRISHNAPPA, AGE MAJOR, R/AT NEAR AYYAPPA TEMPLE, JALAHALLI WEST, BANGALORE - 560 015. 10. SRI. RAJA RAO, S/O LATE KRISHNAPPA, AGED 60 YEARS, R/AT AMCO BATTERIES, BYATARAYANAPURA, HEBBAL POST, BANGALORE - 560 024. 11. SMT. NAGARATHNA D/O LATE KRISHNAPPA, AGED MAJOR, 12. KUMARI SHANTHA D/O LATE KRISHNAPPA, AGE MAJOR, 13. KUMARI PADMA D/O LATE KRISHNAPPA, AGE MAJOR, RESPONDENT NO.11 TO 13 ARE R/AT NO.81, 7TH MAIN, 5TH CROSS, - 4 - HC-KAR NC: 2025:KHC:50941 WP No. 5684 of 2021 L.N.PURAM, BANGALORE - 560 021. 14. PUTTANANJAMMA W/O LATE NANJAPPA, AGE MAJOR, 15. SRI. BASAVARAJU S/O LATE NANJAPPA, AGE MAJOR, 16. SMT. PARVATHAMMA W/O LATE SHIVARUDRAPPA, AGED MAJOR, 17. SMT. JAYAMALA D/O LATE SHIVARUDRAPPA, AGE MAJOR, RESPONDENT NO.14 TO 17 ARE R/AT KALENAHALLI VILLAGE SHIVANAKOTE POST, BANGALORE NORTH TALUK - 560 089. 18. SRI. PILLAPPA, S/O LATE NANJAPPA, AGE MAJOR, R/AT KALENAHALLI VILLAGE, SHIVANAKOTE POST, BANGALORE NORTH TALUK - 560 089. …RESPONDENTS (BY SRI. M.V.CHANDRASHEKARA REDDY FOR R1; NOTICE TO R2 TO R18 IS DISPENSED WITH V/O/D:23.03.2021) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 16.08.2019 PASSED BY THE I ADDL. CIVIL JUDGE BENGALURU RURAL DISTRICT, BANGALORE IN EX.NO.33/2007 ON I.A.NO.4, VIDE ANNEXURE-E AND ETC. - 5 - HC-KAR NC: 2025:KHC:50941 WP No. 5684 of 2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge an order on I.A.No.4 dated 16.08.2019 in EX.No.33/2007 passed by the Executing Court[hereinafter referred to as the Impugned Order]. By the Impugned Order, the application (I.A.No.4) filed under Section 146 r/w Section 151 of CPC by the legal representative of the Decree-Holder No.2 seeking permission to come on record, has been dismissed. 2. Learned counsel for the petitioners submits that petitioners are the legal representatives of the Decree Holder No.2 and he has placed on record a memo which includes the order sheet before the Trial Court to submit that the documents in support of his contentions had been placed on record by him on 22.04.2017 before the Trial - 6 - HC-KAR NC: 2025:KHC:50941 WP No. 5684 of 2021 Court, however these documents were not taken into consideration by the learned Trial Court. He restricts his plea in the present petition to an examination of these documents. 3. Learned counsel for the respondent No.1, on the other hand submits that respondent No.1 is the legal representative of decree-holder No.3 and though he refutes the contentions of the petitioner, he has no objection if these documents filed by the petitioners are examined. However, he contends that the identity of the petitioners must be proved. 4. In view thereof, the petition is disposed of with the direction to the Trial Court to examine the documents filed by the petitioners on 22.04.2017 which have already been taken on record by the learned Trial Court, and to pass appropriate orders in accordance with law. 5. Learned Counsel for the parties also submits that they will not take any unnecessary adjournments before the - 7 - HC-KAR NC: 2025:KHC:50941 WP No. 5684 of 2021 Trial Court. The parties are bound down by the statement made by their counsel. 6. Pending Applications, if any, stand closed. Sd/- (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 29