HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17THDAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 55626 OF 2017 (GM-CPC) BETWEEN: 1. C. M. SATHISH S/O LATE C.C. MADAPPA, AGED 54 YEARS R/AT SARASWATHY NILAYA, T. SHETTIGERI VILLAGE, SRIMANGAL NAD, VIRAJPET TALUK, KODAGU DISTRICT. 2. K.P VINODH S/O LATE K.B. PRABHAKAR, AGED 36 YEASR PRABHA STORES, SRIMANGALA, VIRAJPET TLAUK, KODAGU DISTRICT. 3. M.P KUNJAPPA S/O LATE POOVAIAH M.K, AGED 41 YEARS R/AT T.SHETTIGERI VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK, SOUTH KODAGU. 4. M P NAVEEN SINCE DEAD BY LRS 4(a) LATA NAVEEN, W/O LATE M.P.NAVEEN HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 2 - AGED 41 YEARS 4(b) M.N. KIRTHI D/O LATE M.P. NAVEEN AGED 18 YEARS 4(c) BRINDA M.N D/O LATE M.P. NAVEEN AGED 16 YEARS 4(d) AIYAPPA M.N S/O LATE M.P. NAVEEN AGED 11 YEARS SINCE 4(c) & 4(d) ARE MINORS ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN LATE NAVEEN, W/O LATE M.P. NAVEEN. 4(e) M.P. KAVERAMMA W/O LATE MACHAMADA A PEMMAIAH AGED 74 YEARS 4(a) TO 4(e) ARE RESIDING AT SRIMANGALA VILLAGE & POST, VIRAJPET TALUK, KODAGU DISTRICT. …PETITIONERS (BY SMT. P.C. VINITHA FOR SRI. T.A. KARUMBAIAH, ADVOCATE) AND: 1. MAYANAMADA A. PEMMAIAH SINCE DEAD BY HIS LRS 1(A) MAYANAMADA P SUMATHI @ SUMATHI W/O LATE MAYANAMADA A PEMMAIAH, AGED 78 YEARS, R/AT T.SHETTIGERI VILLAGE VIRAJPET TALUK, KODAGU DISTRICT. HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 3 - 1(B) MAYANAMADA DORE @ MAYANAMADA P GANAPATHY S/O LATE M.A PEMMAIAH AGED 58 YEARS R/AT T. SHETTIGERI VILLAGE VIRAJPET TALUK, KODAGU DISTRICT. 1(C) CHANGULANDA SUSHEELA @ MAYANAMADA P PARVATHI D/O LATE M.A. PEMMAIAH W/O LATE CHANGULANDA SADHA(BOPANNA) AGED ABOUT 62 YEARS, HUDIGERI VILLAGE & POST PONNAMPET TALUK KODAGU. 1(D) B.N. RANI @ MAYANAMADA P LEELAVATHI AGED ABOUT 57 YEARS, D/O LATE M.A. PEMMAIAH W/O B.N.NANAIAH R/AT THERALU VILLAGE PONNAPET TALUK KODAGU DISTRICT. 1(E) MAYANAMADA P REKHA @ THITHIRA REKHA D/O LATE M.A. PEMMAIAH W/O THITHIRA C VASANTHA AGED ABOUT 52 YEARS, PROFESSOR, CAUVERY COLLEGE, GONIKOPPAL, VIRAJPET TALUK, SOUTH KODAGU. 1(F) CHANDURA ROOPA @ MAYANAMADA P ROOPA D/O LATE M.A. PEMMAIAH W/O CHANDURA ASHOK KUTTAPPA, AGED ABOUT 44 YEARS, R/AT MANJUNATHA BADAVANE, HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 4 - TAMPANA COLD STORAGE MAIN ROAD, HUNSUR. 1(G) ICHETTIRA SHEELA @ MAYANAMADA P REENA D/O LATE M.A PEMMAIAH, W/O ICHETTIRA MAHESH AGED ABOUT 43 YEARS, R/AT NITTUR VILLAGE, KARMAD POST, PONNAMPET TALUK, KODAGU DISTRICT. 2. PUGGERA C BOJAMMA @ RAVATHI W/O PUGGERA CHENGAPPA, AGED ABOUT 60 YEARS R/AT SRIMANGALA TOWN & NAD, VIRAJPET TALUK, KODAGU DISTRICT. 3. MANDAMANE @ MANDAMADA K RAJAPPA S/O LATE KARIAPPA AGED ABOUT 58 YEARS R/AT T. SHETTIGERI VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK, KODAGU DISTRICT. 4. MANDAMADA THEJAPPA S/O LATE KARIAPPA, AGED ABOUT 56 YEARS R/AT T.SHETTIGERI VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK, KODAGU DISTRICT. 5. MANDAMANE @ MANDAMADA JANAKI W/O LATE KARIAPPA, AGED ABOUT 85 YEARS 6. MANDAMANE @ MANDAMADA KAVERAMMA W/O LATE AIYAPPA AGED ABOUT 85 YEARS HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 5 - 7. MANDAMANE @ MANDAMADA DEVAIAH S/O LATE AIYAPPA IS DEAD AND HIS L.R. IS ALREADY ON RECORD AS J.DR.4 SMT.M.K.JANAKI, 8. MANDAMANE @ MANDAMADE BELLIAPPA @ GANESH, S/O LATE AIYAPPA, AGED ABOUT 68 YEARS 9. MANDAMANE @ MANDAMADA BOPAIAH S/O LATE KALAIAH, AGED ABOUT 70 YEARS 10. MANDAMANE @ MANDAMADA SOMAIAH S/O LATE AIYAPPA, AGED ABOUT 66 YEARS 11. MANDAMANE @ MANDAMADA MARI @ POOVAIAH S/O LATE KALAIAH SINCE DECEASED BY LRS, MANDAMADA RENU, S/O.LATE MANDAMADA MARI @ POVAIAH AGED 56 YEARS, R/AT T. SHETTIGERI VILLAGE AND POST, VIRAJPET TALUK, KODAGU. 12. MANDAMANE @ MANDAMADA JAJI @ THIMMAIAH S/O LATE PONNAPPA, AGED 60 YEARS VIRAJPET TALUK, KODAGU NOTE: RESPONDENTS 2 TO 9 ARE RESIDENTS OF SRIMANGALA TOWN VIRAJPET TALUK, KODAGU 13. KADYMADA P NANJAPPA (NANJA) AGED 66 YEARS PLANTER BHAVANI LIQUOR STORES GONIKOPPAL, HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 6 - KODAGU DISTRICT. 14. KATTERA K UTHAIAH @ JAJI S/O NANJAPPA, 66 YEARS KALI TRADERS, SRIMANGALA TOWN, VIRAJPET TALUK, KODAGU DISTRICT. 15. MARIRA N RAJA S/O NANJAPPA, 55 YEARS NEMALE VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK, KODAGU DISTRICT. 16. MACHAMADA S UTHAIAH @ MANI S/O MADAIAH, 66 YEARS THAVALAGERI VILLAGE VIRAJPET TALUK, KODAGU DISTRICT. 17. MAYAMADA M POONACHA S/O MANDAIAH, 66 YEARS R/AT T SHETTIGERI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT. 18. CHONIRA M SOMAIAH AGED 80 YEARS RATHNA CLOTH STORES T. SRIMANGALA TOWN AND POST, VIRAJPET TALUK, KODAGU DISTRICT. 19. A L PRABHAKAR AGED 70 YEARS MERCHANT, SRIMANGALA TOWN, VIRAJPET TALUK, KODAGU DISTRICT. 20. MACHAMADA P PEMMAIAH @ APPACHU, S/O PONNAPPA, HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 7 - AGED 70 YEARS SRIMANGALA TOWN, VIRAJPET TALUK, KODAGU DISTRICT. 21. MANDAMADA A JANAKI S/O AIYAPPA, 62 YEARS R/AT T SHETTIGERI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT. 22. SHIVACHANDRA NANJAMMA W/O LATE MALLAPPA, MAJOR, T SHETTIGERI VILALE, VIRAJPET TALUK, KODAGU DISTRICT. 23. C C MADAPPA FATHER’S NAME NOT KNOWN, MAJOR, T.SHETTIGARI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT. 24. KARIBULIRA THIMMAIAH S/O LATE KULLAPPA, MAJOR, T .SHETTIGERI VILLAGE, VIRAMPET TALUK, KODAGU DISTRICT. 25. KATTERA ACHAPPA FATHER’S NAME NOT KNOWN, MAJOR, T. SHETTIGERI VILLAGE VIRAJPET TALUK, KODAGU DISTRICT. 26. K.C BHEEMAIAH FATHER NAME NOT KNOWN, T.SHETTEGERI VILALGE, VIRAJPET TALUK, KODAGU DISTRICT. HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 8 - 27. K.A UTHAPPA FATHER’S NAME NOT KNOWN, T. SHETTEGERI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT. 28. K.B SUMAN S/O K.G. BELLIAPPA, 48 YEARS R/AT BHAVANI NILAYA, KRC ROAD, GONIKOPPAL, KODAGU DISTRICT. …RESPONDENTS (BY MS. VEENA T.N, ADVOCATE FOR R1(A) TO (G) SRI. SACHIN B.S, ADVOCATE FOR R3 & R18, SMT. P.C. VINITHA, ADVOCATE FOR R4(A) TO (C) NOTICE TO R16 & R24 IS HELD SUFFICIENT VIDE ORDER DATED 27.11.2018, NOTICE TO R9, R12, R20, R21, R25 & R26 IS HELD SUFFICIENT VIDE ORDER DATED 01.08.2019 NOTICE TO R6, R7, R11, R19, R22 & R23 IS DISPENSED WITH VIDE ORDER DATED 06.03.2021 R2, R4, R5, R8, R10, R13, R14, R15, R17, R18, R27 & R28 ARE SERVED & UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-F THE DELIVERY WARRANT DTD 28.10.2017 PASED BY THE SENIOR CIVIL JUDGE VIRAJPET IN EX NO.59/2011 INSOFAR AS IT RELATES TO THE PROPERTY OF PETITIONER NO.1 AT SL NO.11 MEASURING 45 CENTS IN SY NO.193/1, P-2 AT SL NO.12 MEASURING 25 CENTS IN SY NO.193/1 P-3 AT SL NO.15 & 18 MEASURING 1.16 ACRES IN SY NO.193/7 AND EXTENT OF 4 ACRES IN SY NO.193/1 INSOFAR AS P-4 IN SL NO.19 IS CONCERNED AN EXTENT OF 3.32 ACRES IN SY NO.193/1 AND 75 CENTS IN SY NO.193/1 OF THE COMMISSIONER REPORT. DIRECT THE EXECUTIVE COURT TO APPOINT A NEW COMMISSIONER. HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 9 - 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. This Court, had after briefly hearing the parties on the last date of hearing passed the following directions: “1.The present petition seeks to challenge an order dated 28.10.2017 passed in Ex.No.59/2011 by the learned Senior Civil Judge & JMFC, Virajpet [hereinafter referred to as the “Impugned Order”]. By the Impugned Order, a warrant has been issued by the learned Executing Court. 2.Learned counsel for the petitioners submits that the warrants have been issued against a dead person namely, Mr.C.C.Madappa-Judgment Debtor No.22. 3.The record reflects that this Court by an order dated 15.12.2017 has directed a stay of proceedings on the statement of the counsel for the respondent No.1 that “he will not precipitate further”. The order has continued as is since then. 4.Learned counsel for the petitioners submits that she has also filed an application before the Trial Court setting out those very contentions that she has raised before this Court. She requests for a day's time to place the application on record. 5.Given that an application has already been filed before the Executing Court, prima facie, this matter has become infructuous. 6.At request, list on 17.02.2026”. HC-KAR NC: 2026:KHC:9637 WP No. 55626 of 2017 - 10 - 2. The learned counsel for the petitioner today submits that she is filing a memo for withdrawal of this petition since she had already filed an application before the Executing Court. 3. Accordingly, the petition is dismissed as withdrawn. 4. It is clarified that this Court has not examined the matter on merits. The rights and contentions of the parties are left open to be agitated before the Executing Court and any application filed before the Executing Court shall be dealt with in accordance with law. Sd/- (TARA VITASTA GANJU) JUDGE Snb/ List No.: 2 Sl No.: 3 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA