- 1 - HC-KAR NC: 2026:KHC:26240 WP No. 15769 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15769 OF 2026 (GM-CPC) BETWEEN: 1. SMT G.O.SUNITHA PRASAD W/O SHAM PRASAD AGED ABOUT 60 YEARS, RESIDING AT NO.2, BL GOWDA LAYOUT, VASAVI BLOOD BANK, KELAGOTE, CHITRADUGRA – 577 501 2. SMT. SARA.S.THOMAS W/O SHOBI THOMAS AGED ABOUT 57 YEARS R/AT NO.111, 7TH CROSS, HMT LAYOUT, RT NAGARA, BANGALORE – 560 032 3. SMT. A.R.LAKSHMI W/O H.A.SHANKARA NARAYANA AGED ABOUT 57 YEARS, RESIDING AT NO.114, 4TH CROSS, 2ND MAIN, BSK 3RD STAGE, 4TH BLOCK BANGALORE - 560 085 …PETITIONERS (BY SRI. CHOKKAREDDY, ADVOCATE) AND: 1. SMT. JAYA MUTHU W/O LATE MUTHU Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26240 WP No. 15769 of 2026 AGED ABOUT 69 YEARS 2. SRI. SATHISH KUMAR.M S/O LATE MUTHU AGED ABOUT 46 YEARS 3. SMT. POORNINA MUTHU D/O LATE MUTHU AGED ABOUT 44 YEARS 4. SMT. KOMATHI KUBER D/O LATE MUTHU AGED ABOUT 42 YEARS 5. SMT. KAVITHA MUTHU D/O LATE MUTHU AGED ABOUT 40 YEARS NO.1 TO 5 ARE R/AT NO.321 BEL COLONY, JALAHALLI BENGALURU-560 030 6. SRI.V.RAJAN S/O LATE D.R.VENKATACHALAM AGED MAJOR 7. SMT. L. KANNAKI W/O LATE LAKSHMANA AGED MAJOR 8. SMT. MEENALOTCHINI D/O LATE LAKSHMANA AGED MAJOR 9. SRI. GOPI KRISHNAN S/O LATE LAKSHMAN AGED MAJOR NO.7 TO 9 ARE R/AT VANGAL KUPPUCHI PALAM KUPPUCHI PALYA POST - 3 - HC-KAR NC: 2026:KHC:26240 WP No. 15769 of 2026 KAROOR -639 116 10. SMT. SUSHEELA W/O PALANIYAPPAN AGED MAJOR R/AT NO.25, PANNER SELVA STREET, SUBRAMANYAMPURA POST, TRICHY -620 020 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- QUASH ANNEXURE-A SURVEY REPORT DATED 16.03.2026 IN EX NO. 23/2023 PENDING IN 1ST ADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Petitioner’s are the third parties who are aggrieved by the survey report dated 16.03.2026 in Ex. No.23/2023 pending on the file of the I Additional Senior Civil Judge and JMFC, Devanahalli. Petitioner’s sought for quashing of the survey report in Sy.No.128/3 and 129/5 in Ex.No.23/2023 dated 27.02.2026 and to quash the Execution Petition No.23/2023. 2. Learned counsel appearing for the petitioner’s submits that the petitioner’s are third parties and under the guise of - 4 - HC-KAR NC: 2026:KHC:26240 WP No. 15769 of 2026 orders impugned respondents are going to take possession of the petitioner's property. Learned counsel for the petitioner has also argued on the merits of the matter. 3. This court has specifically asked the learned counsel for the petitioner when he has a remedy before the Executing Court to file a petition objecting the execution why he has come before this court. The petitioner argued on the merits of the matter and submitted how the orders passed are bad and how it is going to have an impact on the petition. Be that as it may, this court is not inclined to consider any of the submissions on the merits of the matter. 4. When it is the case of the petitioner that under the guise of a judgment and decree passed by the executing court, a property belonging to the third party possession is being taken, he has every right to go before the executing court by filing a petition and the court would consider the same by conducting the necessary enquiry. Hence bypassing the said remedy, petitioners cannot come before this court and this court cannot entertain such a writ petition. - 5 - HC-KAR NC: 2026:KHC:26240 WP No. 15769 of 2026 5. Accordingly this court is passing the following: ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the executing court. ii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 30