Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16194 WP No. 30547 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 30547 OF 2025 (GM-CPC) BETWEEN:
1.
SRI. BASAPPA S/O LATE HINAKAL BASAVANNA AGED ABOUT 81 YEARS
2.
SRI. SURESHA S/O BASAPPA AGED ABOUT 50 YEARS
PETITIONER NOS.1 AND 2 ARE RESIDING AT DEBURU VILLAGE KASABA HOBLI, NANJANGUD TALUKU MYSURU DISTRICT-571314 …PETITIONERS (BY SRI. Y.V. PRAKASH FOR SRI. Y.K. NARAYANA SHARMA, ADVOCATES)
AND:
1.
SRI. SIDDARAJAMMA W/O LATE KOOSAPPA AGED ABOUT 53 YEARS
2.
SMT. G.K. SACHIN S/O LATE KOOSAPPA AGED ABOUT 31 YEARS
3.
SRI. G.K.CHETHAN S/O LATE KOOSAPPA AGED ABOUT 29 YEARS
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:16194 WP No. 30547 of 2025
RESPONDENT NOS.1 TO 3 ARE RESIDING AT GEJJAGALLI VILLAGE KASABA HOBLI, MYSURU TALUK AND DISTRICT-571130
4.
SMT. SUSHEELA D/O SRI. BASAPPA AGED ABOUT 57 YEARS
SRI. SUBRAMANYA S/O BASAPPA DEAD BY HIS LRS ARE PETITIONERS NO.1 AND 2 AND RESPONDENTS NO. 4 AND 5 ARE ALREADY ON RECORD
5.
SMT. GOWRAMMA D/O SRI BASAPPA AGED ABOUT 51 YEARS
SRI. MANJU S/O BASAPPA DEAD BY HIS LRS ARE PETITIONERS NO.1 AND 2 AND RESPONDENTS NO. 4 AND 5 ARE ALREADY ON RECORD
RESPONDENT NOS.4 AND 5 ARE RESIDING AT DEBURU VILLAGE KASABA HOBLI, NANJANGUD TALUKU MYSURU DISTRICT-571314 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS NECESSARY ORDERS AND ISSUE A WRIT OF CERTIORARI OR OTHER APPROPRIATE WRIT OR ORDER AND SET ASIDE THE ORDER DATED 28.06.2025 PASSED ON I.A.NO.III IN EX. NO.28/2021 BY THE COURT OF SENIOR CIVIL JUDGE AT NANJANGUD, MYSURU DISTRICT, AS PER ANNEXURE-H AND DISMISS THE SAID APPLICATION SEEKING APPOINTMENT OF COMMISSIONER OR PASS OTHER SUITABLE ORDERS AS
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HC-KAR NC: 2026:KHC:16194 WP No. 30547 of 2025
DEEMED FIT BY THIS HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 Debtor Nos.1 and 4 have called in question the order dated 28.06.2025 passed by the Senior Civil Judge & JMFC, Nanjangud on I.A.No.III filed by the Decree Holders under
Order XXVI Rule 10 read with Section 151 of CPC, in Ex.No.28/2021, whereby the said application has been allowed.
2. The plaintiffs filed O.S.No.86/2016 for specific performance of contract. Parties have settled the matter and filed compromise petition before the Lok Adalath. Accordingly, the suit came to be decreed in terms of the compromise decree dated 11.06.2018. In the compromise decree, schedule of the property has been mentioned. The Decree Holders have filed an execution petition for
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HC-KAR NC: 2026:KHC:16194 WP No. 30547 of 2025
executing the compromise decree. In the execution petition, the Decree Holders have filed I.A.No.III under
Order XXVI Rule 10 of CPC for appointment of the Court Commissioner to execute the registered sale deed. Accordingly, the Executing Court by impugned order dated 28.06.2025 appointed the Court Commissioner to execute the sale deed of the suit schedule property in favour of the Decree Holders. Being aggrieved by the impugned order, the present petition is filed.
3. The only ground urged by the petitioners is that a revenue sketch is not available.
4. The decree sought to be executed is a compromise decree, and the property is sufficiently described therein. The appointment of a Commissioner is only to facilitate the execution of the decree in terms of the compromise decree dated 11.06.2018 passed in O.S.No.86/2016. Therefore, the Executing Court has rightly exercised its jurisdiction in allowing I.A. No.III.
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HC-KAR NC: 2026:KHC:16194 WP No. 30547 of 2025
5. Viewed from any angle, there is no error or illegality in the impugned order passed by the Executing Court warranting interference by this Court.
6. Accordingly, the writ petition is dismissed.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM List No.: 1 Sl No.: 5