- 1 - HC-KAR NC: 2026:KHC:34735 WP No. 20561 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20561 OF 2026 (GM-CPC) BETWEEN: SRI RAGHUNANDAN, S/O LATE C. N. PRAKASH KUMAR, AGED ABOUT 40 YEARS, R/O DOOR NO.36/1, K. R. PURAM ROAD, SHIVAMOGGA, SHIVAMOGGA DISTRICT PIN - 577 201 …PETITIONER (BY SRI. KARTHIK S. TAYUR, ADVOCATE) AND: 1. SMT. AMBUJAKSHI C. N., W/O L. ANANTHAPPA, AGED ABOUT 74 YEARS, R/O NO. 11, 8TH MAIN, BINNY LAYOUT, 1ST STAGE, VIJAYANAGAR, BENGALURU - 560 040 2. SMT. PUSHPANJALI S., W/O R. PRAKASH RAJU, AGED ABOUT 51 YEARS, R/O NO. 153, 7TH B MAIN, SANEGURUVANAHALLI, BASAVESHWARA NAGARA, BENGALURU PIN 560 079 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34735 WP No. 20561 of 2026 3. SMT. KUSUMA @ RAMANI, AGED ABOUT 61 YEARS, W/O LATE C. N. PRAKASH KUMAR, R/O SREE SAW MILLS, RAVIVERMA STREET, SHIMOGA PIN - 577 201 4. MS. MALA, AGED ABOUT 35 YEARS, D/O LATE C. N. PRAKASH KUMAR, R/O SREE SAW MILLS, RAVIVERMA STREET, SHIMOGA PIN - 577 201 …RESPONDENTS (BY SRI. RAJESWARA P.N., ADVOCATE FOR C/R1 (CP.NO.15760/26)) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO1. PASS ORDER SETTING ASIDE THE ORDER DATED 25.04.2026 (AT ANNEXURE N) PASSED BY THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT SHIVAMOGGA IN EX. NO. 31/2017, AND CONSEQUENTLY ALL SUBSEQUENT M), AND ORDER A FRESH INQUIRY AS TO PROCEEDINGS PREMISED ON ACCEPTANCE OF THE VALUATION REPORT DATED 13.04.2026 (AT ANNEXURE M) THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:34735 WP No. 20561 of 2026 ORAL ORDER Aggrieved by the order dated 25.04.2026 passed in Ex. No.31/2017 by the II Additional Senior Civil Judge and JMFC at Shivamogga, judgment debtor No.2 is before this Court. 2. It is the grievance of the petitioner that the Execution Court had earlier appointed ‘Sajjan Associates’, Mallesh Commercials (Cellar Floor), Opposite Pruthvi Mansion, 100 feet Main Road, Vinoba Nagar, Shivamogga-577201, who is a Chartered Engineer and approved Valuer, to enquire about the value of the property. Pursuant thereto, the Valuer has placed a valuation report, to which the petitioner filed his objections. 3. Thereafter, the impugned order came to be passed, whereby the Executing Court directed the decree-holder respondents (DHRs’) and judgment debtor Nos.1 and 2 (for short ‘JDRs’) to present before the Court on 06.06.2026 to participate in the bidding process and to comply with the directions issued by the High Court. The Court further directed JDR Nos.1 and 2 to deposit 25% of the amount with regard to the purchase of the 1/3rd share of each of DHR Nos.1 and 2 on - 4 - HC-KAR NC: 2026:KHC:34735 WP No. 20561 of 2026 the very same day and to deposit the remaining amount within ten days thereafter. 4. The petitioner has come before this Court stating that the Executing Court had appointed Sajjan Associates to carry out the valuation, whereas in this case, the valuation report has been submitted by B.M. Associates. It is not the same valuer as appointed by the Court, and it is further submitted that whatever is the valuation of the DHR, the same is reflected in the report filed by them. It shows that they are not independent valuers; accordingly, the impugned order needs to be set aside. 5. Learned counsel appearing for the respondents submits that, in fact, the person who has conducted the valuation is the proprietor of Sajjan Associates. No doubt, the valuation report shows the name B.M. Associates; the valuation was carried out by the proprietor of Sajjan Associates. It is further submitted that the petitioner wanted to purchase the share of the decree holder, and this decree was passed in the year 2015, and the petitioner could successfully drag on the execution proceedings till the year 2026. It is submitted that - 5 - HC-KAR NC: 2026:KHC:34735 WP No. 20561 of 2026 the petitioner's only intention is to drag out the proceedings. It is also submitted that the petitioner had filed objections to the valuation report before the Executing Court. But he has not taken the objection, as stated before this Court with regard to the name of the agency. Therefore, it is contended that the present writ petition is liable to be dismissed with exemplary costs. 6. Having heard the learned counsel on either side, perused the material on record, this Court finds that there is no dispute about the fact that the Executing Court had appointed Sajjan Associates to value the property and the commissioner’s report that is placed before the Court has been submitted by B.M. Associates. According to the learned counsel for the respondents, the person who conducted the valuation is the proprietor of Sajjan Associates. However, that aspect cannot be considered by the Court, as Sajjan Associates is the appointed Valuer; the valuation report shall be placed by Sajjan Associates. 7. At the same time, this Court finds force in the argument of the learned counsel for the respondents that, - 6 - HC-KAR NC: 2026:KHC:34735 WP No. 20561 of 2026 though the petitioner had filed objections to the valuation report, he did not raise the present ground before the Executing Court. The petitioner has chosen to raise this objection before this Court while questioning the impugned order. 8. It is also pertinent to note that the decree was passed in the year 2015 and, even as of 2026, the decree holder is not in a position to enjoy the fruits of the decree. On the face of it, it appears that there is an intention on the part of the petitioner to drag on the proceedings. But at the same time, the Court cannot lose sight of the fact that the valuation report that is placed before the Executing Court is contrary to the order passed by the Court. 9. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of by setting aside the order dated 25.04.2026 passed in Ex. No.31/2017 by the II Additional Senior Civil Judge and JMFC at Shivamogga. - 7 - HC-KAR NC: 2026:KHC:34735 WP No. 20561 of 2026 Consequently, the order dated 20.06.2026 is also set aside. ii. The matter is remanded to the Executing Court. On 09.07.2026, the Executing Court shall appoint an independent valuer. The valuer shall place the valuation report within 15 days from the date of appointment. Thereafter, the Executing Court is requested to complete the entire process within one month from 09.07.2026. iii. The petitioner shall co-operate with the Executing Court. The Executing Court shall proceed with the matter without granting unnecessary adjournments. iv. The impugned order is set aside only insofar as the valuation report is concerned, and as to the remaining aspects, this Court has not interfered or expressed any view. v. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 441