- 1 - HC-KAR NC: 2026:KHC:9586 WP No. 28801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28801 OF 2025 (GM-CPC) BETWEEN: SMT. GOWRAMMA D/O LATE GUTTAPPA W/O MUNISWAMAPPA AGED ABOUT 83 YEARS R/AT HOUSE NO.487, KOGILU MAIN ROAD NEAR ANJANEYA TEMPLE YELAHANKA BANGALORE NORTH, BANGALORE-560064. …PETITIONER (BY SRI. SRIKANTH N V.,ADVOCATE) AND: 1. SMT. RUKMINI W/O LATE MUNIVENKATAPPA AGED ABOUT 72 YEARS, 2. SRI. SURESH S/O LATE MUNIVENKATAPPA AGED ABOUT 52 YEARS, 3. SRI.VARADHARAJU S/O LATE MUNIVENKATAPPA AGED ABOUT 50 YEARS, 4. SRI. MUNEGOWDA Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9586 WP No. 28801 of 2025 S/O LATE MUNIVENKATAPPA AGED ABOUT 48 YEARS, 5. SRI. GOVINDA S/O LATE MUNIVENKATAPPA AGED ABOUT 46 YEARS, 6. SRI. DEVARAJ S/O LATE MUNIVENKATAPPA AGED ABOUT 45 YEARS, RESPONDENT NO.1 TO 6 ARE R/AT CHANNAKAL VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-563 130. 7. SMT. VENKATAMMA D/O LATE GUTTAPPA AGED ABOUT 49 YEARS R/AT AMBEDKARNAGAR WHITE FIELD POST BANGALORE-560 066 8. SMT. KRISHNAMMA D/O LATE GUTTAPPA AGED ABOUT 42 YEARS R/AT PADUNAHALLI VILLAGE DODDI POST, MALUR TALUK KOLAR DISTRICT-560139 9. SMT.NARAYANAMMA D/O LATE GUTTAPPA AGED ABOUT 44 YEARS, 10. SMT. MALLAMMA W/O LATE APPAIAH, AGED ABOUT 60 YEARS, - 3 - HC-KAR NC: 2026:KHC:9586 WP No. 28801 of 2025 RESPONDENT NOS.9 & 10 ARE R/AT PALYA VILLAGE, GUNJUR POST BANGALORE- 560 087. 11. SRI. NAGARAJA S/O LATE APPAIAH AGED ABOUT 42 YEARS 12. SRI. MANJUNATHA S/O LATE APPAIAH AGED ABOUT 45 YEARS 13. SMT. LALITHA D/O LATE APPAIAH AGED ABOUT 38 YEARS 14. SMT. PADMA D/O LATE APPAIAH AGED ABOUT 40 YEARS 15. SRI. VENKATESHA S/O LATE APPAIAH AGED ABOUT 36 YEARS RESPONDENT NO.11 TO 15 ARE R/AT SONNAPPANAHALLI VILLAGE BIDARAHALLI HOBLI, HOSAKOTE BANGALORE EAST TALUK BANGALORE -560066 16. SRI. KRISHNAPPA S/O LATE GUTTAPPA AGED ABOUT 72 YEARS, 17. SRI. VENKATRAVANAPPA S/O LATE GUTTAPPA AGED ABOUT 63 YEARS, - 4 - HC-KAR NC: 2026:KHC:9586 WP No. 28801 of 2025 RESPONDENT NOS.16 AND 17 ARE R/AT CHANNAKAL VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-560 130 18. SRI.SIRNIVAAS (DEAD BY HIS LRS) SRI.S.KUMAR S/O LATE SRINIVASA AGED ABOUT 37 YEARS R/AT KUMBARAPETE, HOSAKOTE BANGALORE RURAL DISTRICT-562 114. 19. SMT.ANJALI D/O LATE SRINIVASA W/O KRISHNAPPA AGED ABOUT 36 YEARS R/AT KANAKA COMPOUND OPP-CHRUCH GANGALU M.V.ETENSION, HOSAKORE TOWN, BANGALORE RURAL DISTRICT-562114 20. SMT.MANJULA D/O LATE G.SRINIVAS AGED ABOUT 28 YEARS R/AT DANDUPALYA VILLAGE, KASABA HOBLI, HOSAKOTE, BANGALORE RURAL DISTRICT-562114 21. SMT. NAGAVENI.S D/O LATE G.SRINIVASA - 5 - HC-KAR NC: 2026:KHC:9586 WP No. 28801 of 2025 R/AT VINAYAKA NAGAR, 5TH CROSS, HOSKOTE TOWN, BANGALORE RURAL DISTRICT. 22. SRI.NARAYANASWAMY S/O LATE GUTTAPPA AGED ABOUT 57 YEARS 23. SRI. MUNIYAPPA S/O LATE GUTTAPPA AGED ABOUT 70 YEARS RESPONDENT NO.22 AND 23 ARE R/AT CHANNAKAL VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-560 130. …RESPONDENTS (BY SRI.M.S.VARADARAJAN., ADVOCATE FOR C/R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOA) ISSUE WRIT OF CERTIORARI BY QUASHING ANNEXURE A DATED 23.07.2025, IN I.A.NO.8 AND 9 IN EX.PET NO./2020 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT MALUR, ALLOWING THE APPLICATION ISSUED THE DELIVERY WARRANT UNDER ORDER 21 RULE 35 READ WITH SECTION 151 OF CPC BY ALLOWING WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:9586 WP No. 28801 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER After arguing the matter for sometime, learned counsel for the petitioner submits that the present petition may be disposed of as withdrawn directing the Executing Court to consider and pass appropriate order on I.A.No.12 filed by the petitioner on 14.08.2025, under Order XXI Rules 97 and 99 of CPC, in accordance with law, as expeditiously as possible. 2. The said submission is placed on record. 3. Accordingly, the petition is disposed of as withdrawn, directing the Trial Court to dispose of the application filed by the petition under Order XXI Rules 97 CPC and 99 of CPC before proceeding further in the matter. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 24