- 1 - NC: 2025:KHC-K:128 WP No. 200044 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R.NATARAJ WRIT PETITION NO.200044 OF 2025 (GM-CPC) BETWEEN: 1. MAHEBOOBSAB S/O BANDAGISAB BIJAPUR, DECEASED BY HIS LRS JAIRABI W/O MAHEBOOBSAB BIJAPUR, AGE: 66 YEARS, OCC: HOUSE HOLD, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 2. RAJESAB S/O MAHEBOOBSAB BIJAPUR, AGE: 47 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 3. ALLABAKSH S/O MAHEBOOBSAB BIJAPUR, AGE: 46 YEAS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 4. ASGARALI S/O MAHEBOOBSAB BIJAPUR, AGE: 43 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 5. JAVID S/O MAHEBOOBSAB BIJAPUR, Digitally signed by RENUKA Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:128 WP No. 200044 of 2025 AGE: 39 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 6. BANDAGISAB S/O MAHEBOOBSAB BIJAPUR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 7. HAJARUSAB S/O MAHEBOOBSAB BIJAPUR, AGE: 34 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 8. MAMATAJ W/O MAKBULSAB TADAWAL, AGE: 57 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 9. MAHIRUNNISA W/O HIMAYATALI HATIWALE, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 10. SAIBABANU W/O NABISAB ATHANI, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 11. FATIMA W/O PEERAHMAD GIRAGANVI, AGE: 49 YEARS, OCC: HOUSEHOLD, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210. 12. MALANBI W/O RIYAJ HONAWAD, - 3 - NC: 2025:KHC-K:128 WP No. 200044 of 2025 AGE: 42 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST.VIJAYAPUR-586210. …PETITIONERS (BY SRI. MANVENDRA REDDY, ADVOCATE) AND: 1. IBRAHIMSAB S/O BABUMIYA KAKANDAKI @ KAKANDAKIKAR, AGE: 89 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYPUR-586210. 2. ABBASA S/O BABUMIYASAB KAKANDAGI @ KAKANDAKIKAR, AGE: 76 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210, NOW R/O H.NO.147, BEGAUM PETH, SOLAPUR – 413001. 3. GULAMA S/O BABUMIYASAB KAKANDAKI @ KAKANDAGIKAR, AGE: 72 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210, NOW R/O H.NO.147, BEGAUM PETH, SOLAPUR – 413001. 4. BASHIRA S/O BABUMIYASAB KAKANDAKI @ KAKANDAKIKAR, AGE: 67 YEARS, OCC: AGRICULTURE, R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210 NOW R/O H.NO.147, BEGAUM PETH, SOLAPUR – 413001. 5. JAMALASAB S/O BABUMIYASAB KAKANDAKI @ KAKANDAKIKAR, AGE: 63 YEARS, OCC: AGRICULTURE, - 4 - NC: 2025:KHC-K:128 WP No. 200044 of 2025 R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210 NOW R/O H.NO.147, BEGAUM PETH, SOLAPUR – 413001. 6. DASTAGIR S/O BABUMIYASAB KAKANDAKI @ KAKANDIKAR, AGE: 64 YEARS, OCC: AGRICULTURE R/O KOLHAR, TQ. KOLHAR, DIST. VIJAYAPUR-586210 NOW R/O H.NO.147, BEGAUM PETH, SOLAPUR – 413001. 7. RAJAHAMMADA S/O SAIYADASAB KAKANDAKI @ KAKANDAKIKAR, SINCE DECEASED BY HIS LR MAIBUBA S/O RAJAHAMMADA KAKANDAKI @ KAKANDAKIKAR, AGE: 77 YEARS, OCC: NIL, R/O H.NO.370/3, MUSLIMA PACHHA PETH, BEHIND SOCIAL HIGH SCHOOL, SOLAPUR-413001. 8. MAMATAJA W/O AJAMALKHAN PATHAN, AGE: 66 YEARS, OCC: HOUSEHOLD, R/O RACHTA HOUSING SOCIETY CENTER NO.21, AMBRUTA MATA NEAR, YAMUNA NAGAR, NIGADI, PUNE-44. 9. HAJARA @ HAJAMA W/O ISAKHASAB KARABI SINCE DECEASED BY HER LRS MOHAMMED ISAK S/O IBRAHIM KARADI, AGE: 69 YEARS, OCC: BUSINESS, R/O NEAR NURANI MASJID, 333 MUSLIMA PACHCHA PETH, SOLAPUR-413005. 10. MOHAMMAD AZHRODDIN S/O MOHAMMAD ISAK KHARADI, - 5 - NC: 2025:KHC-K:128 WP No. 200044 of 2025 AGE: 37 YEARS, OCC: BUSINESS, R/O NEAR HAFEEZA S.T.D, 333 MUSLIMA PACHCHA PETH, SOLAPUR-413005. 11. LUBNA D/O MOHAMMAD ISHAQUE KHARADI, AGE: 36 YEARS, OCC: HOUSEHOLD, R/O ZINDASHA MADAR CHOWK, 333 MUSLIMA PACHCHA PETH, SOLAPUR-413005. 12. SANA D/O MOHAMMAD ISAQUE KHARADI, AGE: 30 YEARS, OCC: HOUSEHOLD, R/O ZINDASHA MADAR CHOWK, 333 MUSLIMA PACHCHA PETH, SOLAPUR-413005. …RESPONDENTS (BY SRI. MANJUNATH GINNI, ADVOCATE C/R-1; V/O DATED 10.01.2025 NOTICE TO R-2 TO R-12 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF THE CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 12.12.2024 PASSED IN EXECUTION PETITION NO.9/2020 ON THE FILE OF CIVIL JUDGE AND JMFC AT BASAVANA BAGEWADI AT ANNEXURE-K WITH A DIRECTION TO CONSIDER I.A NO.III, I.A NO.V TO VII ON MERITS; II) ISSUE WRIT IN THE NATURE OF MANDAMUS THEREBY ALLOW THE I.A NOS.V TO VII FILED BY THE PETITIONERS AND TO COME ON RECORD AS THE LEGAL HEIRS OF DECEASED THIRD PARTY I.E., MAHEBOOB SAB IN EXECUTION PETITION NO.9/2020 ON THE FILE OF CIVIL JUDGE AND JMFC, BASAVANA BAGEWADI AND LIBERTY SO RESERVED TO THE PETITIONERS TO CONTEST THE I.A NO. III ON MERITS IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - NC: 2025:KHC-K:128 WP No. 200044 of 2025 CORAM: HON'BLE MR JUSTICE R.NATARAJ ORAL ORDER The petitioners being the legal representatives of Mr.Maheboobsab are before this Court challenging the correctness of an order dated 12.12.2024 passed by the Civil Judge and JMFC, Basawana Bhagewadi, by which their applications to come on record as the legal representatives of Mr.Maheboobsab who was the applicant in IA No.3 was kept in abeyance. 2. The facts in brief are that a suit for partition and separate possession was filed in O.S.No.70/2009 which was decreed. A final decree was also drawn in FDP No.6/2011. An execution petition was initially filed in EP No.27/2015, but the same was closed in view of stay of the proceedings by this Court in WP No.204027/2017. After the disposal of the writ petition, a fresh execution petition was filed in EP No.9/2020 to execute the final decree. The predecessor of the petitioners herein filed an application under Order XXI Rule 98, 100 and 101 of CPC - 7 - NC: 2025:KHC-K:128 WP No. 200044 of 2025 to obstruct the execution of the decree. The predecessor of the petitioners died on 01.11.2022. The petitioners therefore filed IA Nos.5, 6 and 7 for condonation of delay in filing the application to come on record, to set-aside the abatement and to come on record as the legal representatives of the deceased objector. The executing Court after noticing that the petitioners did not appear and did not participate in the proceedings, passed the impugned order dated 12.12.2024 keeping the applications filed by the petitioners at abeyance. Being aggrieved by the said order, the petitioners are before this Court 3. Learned counsel for the petitioners contends that the petitioners could not appear before the Court due to reasons beyond their control and that an opportunity be granted to the petitioners to appear before the Court and pursue their applications. This is however countered by the learned counsel for respondent No.1 who contends that the petitioners have been negligent in abstaining from the - 8 - NC: 2025:KHC-K:128 WP No. 200044 of 2025 proceedings of the Court and have come in the way of executing the final decree. He therefore submits that the Trial Court was justified in keeping the applications of the petitioners at abeyance. 4. If the petitioners have filed applications to come on record as the legal representatives of the objector in EP No.9/2020, they are bound to diligently pursue their applications. The fact that the applications were filed by the petitioners in the year 2022 and that despite grant of several opportunities, the petitioners have not pursued their applications, makes the impugned order just and proper. Nevertheless, since the petitioners claim substantive right in the property which is the subject matter of the execution petition, an opportunity deserves to be granted to them to pursue the applications filed by them. Hence the following : ORDER i) The writ petition is allowed. - 9 - NC: 2025:KHC-K:128 WP No. 200044 of 2025 ii) The impugned order keeping the applications filed by the petitioners (IA Nos.5 to 7) at abeyance is set aside and the Executing Court is requested to dispose off the applications as early as possible, at any rate within a period of two months from the date of receipt of a copy of this order. It is made clear that if the petitioners do not avail this opportunity, the Executing Court shall proceed to reject the applications and proceed in accordance with law. Sd/- (R.NATARAJ) JUDGE SN List No.: 1 Sl No.: 31 CT:SI