- 1 - HC-KAR NC: 2026:KHC:6349 WP No. 704 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 704 OF 2026 (GM-CPC) BETWEEN: 1. SMT. RAMALAKSHMAMMA WIFE OF LATE RANGASWAMYGOWDA, AGED ABOUT 70 YEARS, RESIDING AT 2, 3RD MAIN ROAD, NEXT TO INDIAN OIL PETROL BUNK, VINAYAKANAGAR, KAMKASHIPALYA, BENGALURU 560079 2. SRI. KRISHNAMURTHY.R, SON OF LATE RANGASWAMYGOWDA, AGED ABOUT 53 YEARS, RESIDING AT BELLIBATAALAHALLI, URDIGERE HOBLI, TUMAKURU TALUK, TUMAKURU 572140 3. SMT.JAYALAKSHMAMMA, DAUGHTER OF LATE RANGASWAMYGOWDA, AGED ABOUT 50 YEARS, RESIDING AT BELLIBATAALAHALLI, URDIGERE HOBLI, TUMAKURU TALUK, TUMAKURU - 572140 …PETITIONERS (BY SRI. PUNITH C, ADVOCATE) AND: 1. SRI G V JAYARAMAIAH, SON OF VENKATAGIRIYAPPA, AGED ABOUT 58 YEARS, RESIDING AT 53, GOVT PRESS LAYOUT, ULLAL MAIN ROAD, JNANA BHARATHI POST, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6349 WP No. 704 of 2026 BENGALURU 560056 …RESPONDENT (BY SRI.S. RAJU, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 06.09.2025 ON I.A. NO.5 FILED BY THE RESPONDENT UNDER ORDER 21 RULE 54. PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC. TUMAKURU AS PER 60-64, READ WITH SECTION 151 OF CPC IN PASSED BY THE PRL. CIVIL JUDGE & JMFC, TUMKURU AS PER EXECUTION PETITION NO.36/2023 ANNEXURE-C AND ORDER TO DISMISS THE I.A.NO.5 AS PER ANNEXURE-B. BY ALLOWING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. 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 This petition by the judgment debtors in Ex.No.36/2023 is directed against the impugned order dated 06.09.2025, whereby the application I.A.No.5 filed by the respondent - decree holder under Order XXI Rule 54, read with Section 60 read with Section 64 read with Section 151 of CPC was allowed by the Executing Court by holding as under: ORDERS ON IA No.V FILED UNDER ORDER 21 RULE 54 R/W SECTION 60-64 R/W SEC.151 OF CPC The DHR has filed IA No.V under Order 21 Rule 54 R/w Section 60 64 R/w Sec.151 of CPC seeking for the attachment of immovable properties/schedule properties - 3 - HC-KAR NC: 2026:KHC:6349 WP No. 704 of 2026 and also to sell the suit schedule properties in public auction by depositing the amount before the court as per law in the interest of justice and equity, 2. In the affidavit annexed to the application, the DHR has submitted that this petition was filed by him for the recovery of execution petition amount of Rs.5,35,981/- and that the original JDR No.1 died during the pendency of petition and his legal representatives were brought on record and that the JDRs have not paid any decretal amount and that the JDRs are having sufficient income and also having landed property. Hence, he has come up with the present IA for attachment of immovable property standing in the name of JDRs. 3. The JDRs have not filed any objection to the said IA.No.V. 4. Heard the arguments and perused the documents. 5. It is pertinent to note that the application has been filed under Order 21 Rule 54 of CPC. The JDRs till now have not made any efforts to make payment towards satisfaction of the decree. Therefore, I am of the opinion that the IA No.V has to be allowed so as to enable the DHR to enjoy the fruits of the decree. Therefore, the application filed by the DHR under Order 21 Rule 54 of CPC is allowed. - 4 - HC-KAR NC: 2026:KHC:6349 WP No. 704 of 2026 6. The JDRs are hereby prohibited from transferring or charging the property standing in their names in any way. 7. Issue proclamation of attachment of immovable properties exclusively standing in the name of the JDRs, which shall be done by proclamation by beat of drum on the properties or at a place adjacent to the properties and copy of the order shall be fixed on a conspicuous part of the properties, court house and conspicuous part of Grama Panchayath having jurisdiction over Bellibattalahalli Village, Urdigere Village in which the respective properties are situated.” 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. Though several contentions have been urged by the petitioners in the present petition, upon re-consideration, re- valuation and re-appreciation of the entire material on record, coupled with the fact that the petitioners had not made any payment from 2023 onwards despite the judgment and decree passed in O.S.No.15121/2003 dated 18.11.2010, I am of the considered opinion that the impugned order passed by the Trial Court cannot be said to suffer from any illegality or infirmity nor can the same be said to be capricious or perverse or having - 5 - HC-KAR NC: 2026:KHC:6349 WP No. 704 of 2026 occasioned failure of justice, warranting interference by this Court in exercise of its jurisdiction under Article 227 of the Constitution of India as held by the Apex Court in the cases of Radhey Shyam Vs. Chhabi Nath – (2015) 5 SCC 423, K.P. Natarajan Vs. Muthalammal – AIR 2021 SC 3443 and Mohammed Ali Vs. Jaya – (2022) 10 SCC 477. 4. In the result, I pass the following: ORDER i) The petition is hereby dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 4