- 1 - HC-KAR NC: 2026:KHC:26571 W.P. No.3884/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.3884/2020 (GM-CPC) BETWEEN: P.R. CHANDRASHEKAR S/O LATE P. RAMACHANDRA RAO AGED ABOUT 63 YEARS R/O KARIYAMMANA GUDI BEEDI ARASIKERE TOWN HASSAN DISTRICT. …PETITIONER (BY SRI. M.G. KANTAHARAJAPPA, ADV.,) AND: 1. RAJANNA S/O BYRAPPA AGED ABOUT 71 YEARS. 2. NINGARAJU S/O NINGAPPA AGED ABOUT 47 YEARS. 3. LOKESH S/O RAJANNA AGED ABOUT 30 YEARS. 4. SWAMY S/O RAJANNA AGED ABOUT 30 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26571 W.P. No.3884/2020 5. GOVINDARAJU S/O SIDDAPPA AGED ABOUT 72 YEARS. ALL ARE RESIDING AT KARIYAMMANA GUDI BEEDI ARISIKERE TOWN, HASSAN DISTRICT. …RESPONDENTS (BY SRI.K.L.SREENIVAS, ADV. FOR R3, SRI.H.T.JAGADEESH, ADV. FOR R1, R2, R4 & R5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 22.11.2018 MADE IN EX.NO.43/2017 PASSED BY THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC ARASIKERE AND ALLOWS THE EXECUTION PETITION NO.43/2017 AS PRAYED FOR IN THE INTEREST OF JUSTICE & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26571 W.P. No.3884/2020 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 22.11.2018 passed in Execution Case No.43/2017 by the Additional Civil Judge and JMFC, Arasikere, (for short, ‘the Execution Court’). 2. Heard Sri.M.G.Kantharajappa, learned counsel for the petitioner, Sri.K.L.Sreenivas, learned counsel for the respondent No.3, Sri.H.T.Jagadeesh, learned counsel for the respondent No.1 and perused the material available on record. 3. The petitioner herein has filed a suit in O.S.No.149/2010 against the respondents herein for permanent injunction and the said suit came to be decreed by the Additional Civil Judge and JMFC, Arsikere (for short, ‘the trial Court’). And being aggrieved by the same, the respondents have assailed the said judgment and decree in R.A.No.3/2014 before the Senior Civil Judge and JMFC., Arasikere (for short, ‘the First Appellate Court’). The First - 4 - HC-KAR NC: 2026:KHC:26571 W.P. No.3884/2020 Appellate Court dismissed the appeal by confirming the judgment and decree passed in the suit in O.S.No.149/2010. 4. The petitioner has filed the execution petition alleging that the respondents are violating the judgment and decree passed in O.S.No.149/2010. In the said execution proceedings, petitioner filed an application under Order XXI Rule 32(1) of the Code of Civil Procedure, 1908, seeking the arrest and civil imprisonment of the respondent Nos.1 to 5 for violating the judgment and decree passed in O.S.No.149/2010. The Execution Court conducted detailed inquiry and dismissed the execution petition under the impugned order. 5. It is to be noticed that the Execution Court has recorded the finding that the petitioner on earlier occasion has filed an application under Section 151 of the Code of Civil Procedure seeking police help to construct compound wall as per the license issued by the City Municipal Corporation (‘CMC’), Arsikere. The said application was rejected by the Execution Court on 31.10.2017, which has attained finality. The primary contention of the petitioner-decree holder is that the petitioner is putting up the compound wall within the suit - 5 - HC-KAR NC: 2026:KHC:26571 W.P. No.3884/2020 schedule property after obtaining the license from CMC, Arsikere and the respondents-judgment debtors are obstructing him from putting up the construction. It is to be noticed that the Execution Court by considering Exs.P1 to P14, P36 and P37 and on appreciation of the oral and documentary evidence has recorded a clear finding that the property mentioned in Ex.P6 to an extent of 5x46 is not included in the judgment and decree passed in O.S.No.149/2010 and there is no decree in respect of the said property. However, the petitioner-decree holder is trying to put up construction contending that he has obtained the licence from the authorities. 6. I have perused the cross examination of the petitioner-decree holder dated 30.10.2018 wherein the petitioner has categorically admitted that the licence accorded by the CMC, Arsikere, was revoked on 03.10.2018 and no licence is in force. The Execution Court has also taken note that the petitioner has failed to produce the license before it with regard to the proposed construction of the compound wall. The Execution Court has assigned detailed reasons and recorded a categorical finding that the proposed construction is beyond the - 6 - HC-KAR NC: 2026:KHC:26571 W.P. No.3884/2020 schedule to the decree in O.S.No.149/2010 and also the proposed construction is without any license from the competent authority and proceeded to close the execution proceedings. I do not find any perversity or error in the findings recorded by the Execution Court calling for interference in this petition. Hence, the writ petition is devoid of merits and accordingly, the same is rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 21