- 1 - HC-KAR CNR: KAHC010365742025 NC: 2026:KHC:36370 WP No. 16380 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16380 OF 2025 (GM-CPC) BETWEEN: MOHAMMED SHIRAJUDDIN S/O. LATE MOHAMMED ZAHEER SAB, AGED ABOUT 50 YEARS, RESIDENT OF KHAZI MOHALLA, HONNALI TALUK-577 217, DAVANAGERE DISTRICT. …PETITIONER (BY SRI. P.N.HARISH, ADVOCATE) AND: 1. SUSHEELAMMA W/O. LINGACHARI, MAJOR IN AGE, R/O. GOWDARAKERI, HONNALI TOWN-577 217, DAVANAGERE DISTRICT. 2. NAGAMMA W/O. LATE SHANTHAPPA 3. HARISHA S/O. LATE SHANTHAPPA 4. SATISHA S/O. LATE SHANTHAPPA 5. SHILPA D/O. LATE SHANTHAPPA Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010365742025 NC: 2026:KHC:36370 WP No. 16380 of 2025 RESPONDENTS 2 TO 5 ARE RESIDENTS OF THAMADIHALLI VILLAGE, AYANURU HOBLI, SHIVAMOGGA TALUK-577 201, SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI. RAJENDRA M. S., ADVOCATE FOR R1 NOTICE TO R2 TO R5 IS DISPENSED WITH V/O DATED 20.06.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 24.04.2025 BY THE LEARNED SENIOR CIVIL JUDGE HARIHAR SITTING AT HONNALI IN RA NO.34/2025 PRODUCED AS PER ANNX-H IN GRANING TIME TO THE R-1 FOR FILING STATEMENT OF OBJECTION TO IA NO. 1 WITHOUT STAYING THE ORDER DTD 14.03.2025 PASSED BY THE LEARNED ADL CIVIL JUDGE AND JMFC HONNALLI IN EX 16/2009 IN ISSUING DELIVERY WARRANT OF THE EXECUTION PETITION SCHEDULE PROPERTY PRODUCED AS PER ANNX-C AND ETC. 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 CNR: KAHC010365742025 NC: 2026:KHC:36370 WP No. 16380 of 2025 ORAL ORDER The present Writ Petition is filed questioning the order dated 24.04.2025 passed by the Senior Civil Judge, Harihar sitting at Honnali, in RA No.34/2025. 2. The petitioner has filed an application under Order XXI Rule 97 of the Code of Civil Procedure, 1908, as an objector, stating that he is in possession of the property and that, by virtue of the judgment and decree, he is going to be dispossessed. That application was dismissed by the Executing Court. Against that, the petitioner has filed RA No.34/2025 and has also sought an interim order seeking stay of execution. Instead of considering the application seeking stay, the Court has granted time to the respondents to file objections. Aggrieved thereby, the petitioner is before this Court. 3. Learned counsel for the petitioner submits that when an application is filed seeking an order, it is necessary in the facts of the case, as the Execution Petition has been filed and, if the order is executed, the appeal itself will become - 4 - HC-KAR CNR: KAHC010365742025 NC: 2026:KHC:36370 WP No. 16380 of 2025 infructuous. These aspects were not considered by the Trial Court. 4. When this matter came up before this Court for preliminary hearing, this Court had ordered for hands summons on the learned counsel appearing for the respondents before the Court below. 5. It is submitted by the learned counsel for the respondents that when the Court has granted time for filing objections, that is not an order, he cannot come before this Court by filing the Writ Petition. 6. Heard the learned counsels on either side, perused the material on records. Against an order passed by the Trial Court dismissing an application under Order XXI Rule 97 of the CPC, when the petitioner has approached the Appellate Court, the Appellate Court ought to have considered the application that was filed. As it is the case of the petitioner herein that they are going to execute the decree and the Court has given time to file objection. This Court deems it appropriate to pass the following order, considering that the respondents are also ready - 5 - HC-KAR CNR: KAHC010365742025 NC: 2026:KHC:36370 WP No. 16380 of 2025 to proceed with the matter and they will not precipitate the matter till the orders are passed by the Court. ORDER i. Accordingly, the Writ Petition is disposed of directing the Trial Court to consider the Interlocutory Application filed by the appellant/ petitioner herein within a period of 10 days from the date of receipt of certified copy of this order and till such time, the respondents shall not precipitate the execution. ii. Pending I.As., if any in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GVP List No.: 1 Sl No.: 4