- 1 - HC-KAR NC: 2026:KHC:23378 WP No. 13642 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13642 OF 2026 (GM-CPC) BETWEEN: 1. SMT. JAYAMMA W/O. LATE H.D. NAGARAJAPPA AGED ABOUT 77 YEARS R/AT NO.C-100, SHABBIR NAGAR HUNSUR TOWN, MYSURU DISTRICT-571105. 2. SRI. H.N. SHOBHANAND S/O. LATE H.D. NAGARAJAPPA AGED ABOUT 65 YEARS R/AT 1ST CROSS, OMKAR EXTENSION KUSHALNAGAR, SOMAVARAPETE TALUK COORG DISTRICT-571234. 3. SMT. H.N. RAJESHWARI @VEENA W/O. LATE NAGENDRA AGED ABOUT 54 YEARS R/AT 2ND CROSS, BEHIND URDU SCHOOL GOWRIKALUVE, CHIKKAMAGALUR-577101. 4. SMT. H.N. BHAGYA W/O. K.V. ARUN KUMAR AGED ABOUT 52 YEARS R/AT D. NO.928, BHAJANE HOUSE RAMA MANDIR ROAD NEAR KODIGEHALLI, SHANKAR NAGAR BENGALURU NORTH-560092. 5. SRI. H.N. RAMESH S/O. LATE H.D. NAGARAJAPPA AGED ABOUT 51 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23378 WP No. 13642 of 2026 R/AT C-53, SHABBIR NAGAR HUNSUR TOWN, MYSURU DISTRICT-571105. 6. SRI. H.N. MOHAN KUMAR S/O. LATE H.D. NAGARAJAPPA AGED ABOUT 48 YEARS R/AT C-98, SHABBIR NAGAR HUNSUR TOWN, MYSURU DISTRICT-571105. 7. SRI. H.N. RAVI S/O. LATE H.D. NAGARAJAPPA AGED ABOUT 47 YEARS R/AT C-100, SHABBIR NAGAR HUNSUR TOWN, MYSURU DISTRICT-571105. 8. SRI. H.N. VIJAY S/O. LATE H.D. NAGARAJAPPA AGED ABOUT 46 YEARS R/AT 2ND CROSS, BEHIND VISHWAS MANGO GARDEN, CRISTAN COLONY CHIKKMAGALUR-577101. 9. SMT. NAGALAKSHMI @ MAHALAKSHMI W/O. LATE H.S. RANGASWAMY AGED ABOUT 42 YEARS R/AT C-253, HALEPALYA, TIPTUR TOWN TUMAKURU DISTRICT-572201. …PETITIONERS (BY SRI. PRASANNA B R., ADVOCATE) AND: 1. SMT. M. S. MANJULA S/O. KANTHARAJA GUPTHA AGED ABOUT 64 YEARS R/AT D. NO.73, SRI VASAVI HOME INDUSTRIES ASHOKA ROAD, TARIKAL VILLAGE MYSURU DISTRICT-571102. 2. SRI. M.S. SATHISH S/O. LATE SUGANDARAJASHETTY AGED ABOUT 60 YEARS - 3 - HC-KAR NC: 2026:KHC:23378 WP No. 13642 of 2026 3. SRI. M.S. ANIL, S/O. LATE SUGANDARAJASHETTY AGED ABOUT 53 YEARS. 4. SRI. M.S. SANJAY S/O. LATE SUGANDARAJASHETTY AGED ABOUT 47 YEARS R2 TO R4 ARE R/AT D.NO.1405/2 JLB ROAD, HUNSUR TOWN MYSURU DISTRICT-571105. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED: 08.04.2026 ON I.A. NO.2 IN EXECUTION PETITION NO. 11/2024 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR VIDE ANNEXURE-J AND TO ALLOW THE I.A. NO.2 AS PRAYED FOR AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners–Judgment Debtors have called in question the impugned order dated 08.04.2026 passed on I.A.No.2 by the I Additional Senior Civil Judge and JMFC, Hunsur (hereinafter referred to as the “Trial Court” for short) in Ex.No.11/2024, whereby the said application filed by Judgment Debtor Nos.3, 7 and 8 - 4 - HC-KAR NC: 2026:KHC:23378 WP No. 13642 of 2026 under Order XXI Rule 29 read with Section 151 of the CPC, seeking stay of execution proceedings in Ex.No.11/2024, has been dismissed. 2. The respondents–Decree Holders had filed a suit for declaration in O.S.No.207/2005, which came to be decreed by judgment and decree dated 06.08.2010. The said judgment has been confirmed by the Apex Court and has attained finality. Thereafter, the decree holders initiated execution proceedings in Ex.No.11/2024 for execution of the judgment and decree passed in O.S.No.207/2005. In the meantime, the petitioners have filed O.S.No.74/2024 seeking declaration and other reliefs on the ground of adverse possession, and filed I.A.No.2 seeking stay of execution proceedings till disposal of the said suit. 3. The judgment and decree passed in O.S.No.207/2005, having been confirmed by the Apex Court in SLP (Civil) No.13597/2024, has attained finality and is binding on the parties. - 5 - HC-KAR NC: 2026:KHC:23378 WP No. 13642 of 2026 4. The subsequent suit filed by the petitioners on the ground of adverse possession is a separate and independent proceeding. Such a claim cannot be a ground to seek stay of execution of a decree which has already attained finality upon confirmation by the Apex Court. 5. Therefore, the Trial Court is justified in dismissing the application and the impugned order dated 08.04.2026 passed on I.A.No.2 by Trial Court in Ex.No.11/2024 does not suffer from any error or illegality. Hence, the writ petition being devoid of merit and is liable to be dismissed. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 59