- 1 - HC-KAR NC: 2026:KHC:35771 WP No. 15745 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15745 OF 2026 (GM-CPC) BETWEEN: 1. SRI N DALAPPA SINCE DEAD BY HIS LRS SMT.DALAMMA AGED 65 YEARS, WIFE OF LATE N DALAPPA 2. SRI. MUTHURAJU, AGED 51 YEARS, SON OF LATE N DALAPPA 3. SRI. MANJANNA, AGED 45 YEARS, SON OF LATE N DALAPPA ALL ARE RESIDING AT YALLAPURA VILLAGE, ARAKERE POST, KASABA VILLAGE, TUMAKURU TALUK- 572 106, TUMAKURU DISTRICT …PETITIONERS (BY SRI. N.JAGADISH BALIGA, ADVOCATE) AND: SRI. MANJUNATH M.S., AGED 44 YEARS, SON OF SRI. SHAMBULINGEGOWDA, RESIDING AT NO. 92, JAIL QUARTERS, OPPOSITE OF ARTO OFFICE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35771 WP No. 15745 of 2026 MANGALORE ROAD, TIPTUR TUMAKURU TALUK- 572 132, TUMAKURU DISTRICT …RESPONDENT (BY SRI. VIJAYAKUMAR R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS PETITION AND THEREBY SET ASIDE THE ORDER DATED 27.03.2026 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM TUMKURU IN EXECUTION PETITION NO. 124X2018 PASSED ON APPLICATION FILED ON 07.02.2026 UNDER ORDER XXI RULE 22-A READ WITH SECTION 151 OF THE CPC 1908 PRODUCED AT ANNEXURE-A AND THERE BY ALLOW THE SAID APPLICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioner is aggrieved by the order dated 27.03.2026 passed in Ex.No.124/2026 by the Principal Senior Civil Judge and CJM, Tumakuru. He has filed an application under Order 21 Rule 22A read with Section 151 CPC to stay or set aside the order on execution of sale deed through court commissioner on the ground of substantial prejudice caused to the legal heirs due to death of original judgment debtor. That came to be rejected by order impugned. - 3 - HC-KAR NC: 2026:KHC:35771 WP No. 15745 of 2026 2. The Court has observed that the order 21 Rule 22A of CPC deals with sale not to be set aside on the death of judgment debtor before the sale, but after service of the proclamation of sale. But in this case after compromise decree the original judgment debtor has not executed the sale deed as per the compromise decree. Now after filing this execution petition when the notice was issued to the judgment debtor, they came to know that Dalappa died. Now still the sale deed was not executed by the court commission. Hence the question of stay or set aside the sale deed executed by the court commissioner does not arise and accordingly, rejected the application. 3. When the matter came up for admission, it was submitted that they would file an appropriate application and the application filed was not in accordance with the procedure, and this Court has ordered notice to the respondent. Learned counsel for the respondent has filed vakalath. It is submitted that the Executing Court has rightly passed an order rejecting the application. - 4 - HC-KAR NC: 2026:KHC:35771 WP No. 15745 of 2026 4. Considering the fact that the petitioner wants to file an appropriate application, this Court deems it appropriate to pass the following: ORDER i. The order dated 27.03.2026passed in Ex.No.124/2018 by the Principal Senior Civil Judge and CJM, Tumakuru is set aside. ii. It is left open to the petitioner to file an appropriate application within a period of one week from the date of receipt of a copy of the order. iii. The Executive Court is requested to consider the petitioner's objections to the Execution Petition. Within one week from thereon, the Executing Court shall decide the application on the merits of the matter. iv. Till such time, the Executing Court shall not proceed with execution. v. All pending I.As., in the writ petition, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 29