- 1 - HC-KAR CNR: KAHC010146532019 NC: 2026:KHC:51093 WP No. 23935 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23935 OF 2019 (GM-CPC) BETWEEN: SRI. T.M. THIMMARAYAPPA, S/O. MUNIYAPPA, AGED ABOUT 55 YEARS, THORNAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …PETITIONER (BY SRI. S. KALYAN BASAVARAJ, ADVOCATE) AND: 1. SRI. MUNIYAPPA, S/O. LATE CHINNAPPA, AGED ABOUT 49 YEARS, 2. SRI NARAYANAPPA, S/O LATE CHINNAPPA, AGED ABOUT 46 YEARS, RESPONDENT NOS.1 & 2 ARE RESIDING AT THORNAHALLI VILLAGE KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. [AS PER ORDER DATED 07.07.2025 CAUSE TITLE AMENED] 3. SRI. NAGARAJA, S/O LATE CHINNAPPA, SINCE DEAD BY HIS LRS Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010146532019 NC: 2026:KHC:51093 WP No. 23935 of 2019 3(a). MUNENDRA, AGED ABOUT 28 YEARS, S/O LATE NAGARAJA, 3(b). JYOTHI, AGED ABOUT 46 YEARS, D/O LATE NAGARAJ, 3(c). MURALI, AGED ABOUT 44 YEARS, D/O LATE NAGARAJ, 3(d). SMT. MANJAMMA, AGED ABOUT 48 YEARS, W/O LATE NAGARAJU, RESPONDENT NOS. 3(a) TO 3(d) ALL ARE R/AT, THORNAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. 4. SRI MUNIRAJU S/O LATE CHINNAPPA AGED ABOUT 39 YEARS, RESIDENT OF THORNAHALLI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT - 563 130. 5. SMT PAPAMMA S/O MUNISWAMAPPA AGED ABOUT 40 YEARS, RESIDING AT B K PALYA, JALA HOBLI, BANGALORE NORTH TALUK - 562 149. 6. SMT. INDRAMMA, D/O LATE CHINNAPPA, AGED ABOUT 37 YEARS, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010146532019 NC: 2026:KHC:51093 WP No. 23935 of 2019 RESIDENT OF THORNAHALLI VILLAGE KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. 7. SRI. KRISHNAIAH SHETTY, S/O LATE NARAYANASWAMY DECEASED SPINSTER, BEHIND NO LRS RESIDING AT THORNAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SRI. SIDDAPPA, ADVOCATE FOR R1, R2, R4 ,R5 & R6), VIDE ORDER DATED 18.09.2026 R3 ABATED) THIS WRIT PETITION FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED:22.04.2019 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, MALUR IN EXECUTION PETITION NO.19/2015 RECALLING ITS OWN ORDER AND REOPENING THE EXECUTION PETITION.GRANT AN INTERIM ORDER STAYING THE ORDER DATED:22.04.2019 IN EXECUTION PETITON NO.19/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT MALUR, KOLAR DISTRICT RECALLING ITS OWN ORDER OF CLOSING THE PROCEEDINGS, PASSED ON THE SAME DAY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010146532019 NC: 2026:KHC:51093 WP No. 23935 of 2019 ORAL ORDER The captioned writ petition is filed by the decree-holder, assailing the order passed by the learned Executing Court, whereby the execution petition, which had earlier been closed as fully satisfied, has been suo motu recalled/restored on the premise that the judgment-debtors’ Regular Second Appeal in R.S.A.No.262/2017 was pending consideration and that an interim order was operating therein. 2. The petitioner/decree-holder had instituted a suit seeking specific performance of the contract. The said suit came to be decreed in his favour. Pursuant thereto, the petitioner initiated execution proceedings in E.P.No.19/2015. During the pendency of the execution proceedings, a sale deed came to be executed through the Court Commissioner on 19.01.2019. The decree-holder also asserted that possession of the suit property had been delivered to him pursuant to the execution of the sale deed. 3. The judgment-debtors, however, resisted the closure of the execution proceedings by contending that they had preferred R.S.A.No.262/2017 and that an interim order had Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010146532019 NC: 2026:KHC:51093 WP No. 23935 of 2019 been passed therein on 04.04.2019. The learned Executing Court, after considering the dates on which the sale deed was executed and possession was stated to have been delivered, accepted the contention of the decree-holder and, by order dated 22.04.2019, closed E.P.No.19/2015 recording that the decree stood fully satisfied. 4. Subsequently, the learned Executing Court proceeded to recall the said order, apparently on the premise that the earlier order had proceeded on an erroneous interpretation of the interim order passed in the pending Regular Second Appeal and that the execution petition could not have been closed so long as R.S.A.No.262/2017 was pending consideration. 5. The subsequent developments, however, have a material bearing on the sustainability of the impugned order. The case status of R.S.A.No.262/2017 discloses that the said Regular Second Appeal has been dismissed for non-prosecution by order dated 16.01.2023. It is also borne out from the record that the judgment-debtors have not taken any steps for Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010146532019 NC: 2026:KHC:51093 WP No. 23935 of 2019 restoration of the said appeal, which came to be dismissed for failure to file the paper books. 6. Thus, the very basis on which the learned Executing Court recalled its earlier order no longer survives. The Regular Second Appeal, on the pendency of which reliance was placed for recalling the order recording full satisfaction of the decree, stands dismissed. In the absence of any subsisting interim order or any pending appellate proceedings, continuation of the execution proceedings on the premise that the second appeal was pending would serve no lawful purpose. 7. In that view of the matter, the order whereby the learned Executing Court recalled its earlier order recording full satisfaction of the decree cannot be sustained. The order dated 22.04.2019, insofar as it recalls the earlier order closing E.P.No.19/2015 as fully satisfied, is therefore liable to be set aside. 8. For the foregoing reasons, the following order is passed: Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 7 - HC-KAR CNR: KAHC010146532019 NC: 2026:KHC:51093 WP No. 23935 of 2019 ORDER i. The writ petition is allowed. ii. The order dated 22.04.2019 passed by the learned Executing Court, whereby the earlier order closing E.P.No.19/2015 as fully satisfied was recalled, is hereby quashed and set aside. iii. The earlier order of the learned Executing Court recording full satisfaction of the decree and closing E.P.No.19/2015 shall stand restored and affirmed. iv. No further proceedings shall be undertaken in E.P.No.19/2015, the decree having already been recorded as fully satisfied. (SACHIN SHANKAR MAGADUM) JUDGE PK List No.: 1 Sl No.: 6 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified