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2026 DAILYLAW 45671 (KAR)
SRI.SANDESH KUMAR v. A M PRASANNA
WP/489/2026 · 2026-01-27
S R Krishna Kumar
body2026
[ 2026 DAILYLAW 45671 (KAR) · dailylaw.ai ]
[ 2026 DAILYLAW 45671 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:4275 WP No. 489 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 489 OF 2026 (GM-CPC) BETWEEN:
1.
SRI. SANDESH KUMAR S/O PUTTEGOWDA AGED ABOUT 55 YEARS R/O CHIGURU, KUVEMPUNAGARA MUDIGERE TOWN, MUDIGERE CHIKKAMAGALURU DISTRICT.
2.
M.S. PRADEEP KUMAR S/O SOMEGOWDA, AGED ABOUT 54 YEARS R/O MUGRALLI VILLAGE, BIDARAHALLI POST CHIKKAMAGALURU DISTRICT
3.
G.R RAJEGOWDA S/O LATE RAMEGOWDA AGED ABOUT 56 YEARS R/O SHIGEHALLI VILLAGE, HOHAHALLI POST MUDIGERE TALUK, CHIKKAMAGALURU. …PETITIONERS (BY SRI. ANISH ACHARYA, ADVOCATE) AND:
1.
A.M. PRASANNA S/O A.G. MANJUNATHA GOWDA AGED ABOUT 57 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:4275 WP No. 489 of 2026 R/O HEECHUVALLI ESTATE HEECHUVALLI AND HALEKERE VILLAGE GONIBEEDU HOBLI, MUDIGERE TALUK CHIKKAMAGALURU DISTRICT.
2.
VINOD SINDHIYA A.K AGED ABOUT 49 YEARS R/O NO. A31/32 HUYUILUMANE VILLAGE, NAGAVALA POST ILLAVALA HOBLI, MYSORE - 571 130.
3.
VINAY SINDHIYA A K S/O G.K VISHWANATH RAO SINDHIA AGED ABOUT 47 YEARS R/O NO.A31/32, HUYUILUMANE VILLAGE, NAGAVALA POST, ILLAVALA HOBLI, MYSORE - 571 130.
4.
N.P MUDDAMMA W/O G.K VISHWANATH RAO SINDHIA AGED ABOUT 59 YEARS R/O NO.A31/32 HUYUILUMANE VILLAGE, NAGAVALA POST, ILLAVALA HOBLI, MYSORE - 571 130.
5.
G.K BOJAMMA W/O G.K VISHWANATH RAO SINDHIA R/O NO. A31/32 HUYUILUMANE VILLAGE, NAGAVALA POST, ILLAVALA HOBLI, MYSORE - 571 130. …RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SETTING
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HC-KAR NC: 2026:KHC:4275 WP No. 489 of 2026 ASIDE THE ENTIRE EXECUTION PROCEEDINGS IN EXECUTION PETITION NO.30/2025 ON THE FILE OF THE HONBLE SENIOR CIVIL JUDGE AND JMFC, SAKALESHPUR VIDE ANNEXURE-N AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seeks the following reliefs: (a) Issue writ, order or direction to quash or set aside quashing and setting aside the entire execution proceedings in Execution Petition No.30/2025 on the file of the Hon'ble Senior Civil Judge and JMFC, Sakaleshpur vide Annexure N. (b) Alternatively issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned orders on IA No.IV dated 09.12.2025, 29.12.2025 passed by the Hon'ble Senior Civil Judge and JMFC, Sakaleshpur in Execution Petition No.30/2025, including the
order appointing the Court Commissioner and the consequential sale deed dated 12.12.2025 bearing No.SAK-1-02244- 2025/26, insofar as it relates to the Schedule property vide Annexure N and Annexure G.
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HC-KAR NC: 2026:KHC:4275 WP No. 489 of 2026 © Issue a writ of mandamus or any other appropriate writ, order or direction directing the Hon'ble Senior Civil Judge and JMFC, Sakaleshpur to first consider and decide the petitioners' pending applications, namely I.A.No.6 (for impleadment) and I.A. No.7 filed under Order XXI Rule 90 CPC, in Execution Petition No.30/2025, in accordance with law and after affording an opportunity of hearing to the petitioners, before proceeding further in any manner in the execution proceedings vide Annexure K and Annexure L. (d) Issue a writ, order or direction, directing the respondent Revenue Authorities to not to give effect to any mutation or change based on the impugned sale deed; (e) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.
2. After arguing the matter for sometime learned counsel for the petitioners submits that the petition may be
disposed of with a direction to the trial Court to consider and pass appropriate orders on IA Nos.6 and 7 filed by the petitioners in accordance with law and by reserving liberty in
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HC-KAR NC: 2026:KHC:4275 WP No. 489 of 2026 favour of the petitioners to approach this Court subsequently if the occasion so arises.
3. Submission is placed on record.
4. Accordingly, the petition stands
disposed of directing the Executing Court to consider and pass appropriate orders, if not already passed as on today on IA Nos. 6 and 7 in accordance with law after hearing the petitioners as well as respondents. Subject to the aforesaid directions and reserving liberty in favour of the petitioners to take recourse to such other remedies as available in law, including approaching this Court subsequently, if the occasion so arises, petition stands
disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 30