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2026 DAILYLAW 50213 (KAR)

SMT. NAGALAMBHIKE. B v. SMT. PARAVATHAMMA

WP/28831/2024 · 2026-01-27

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4292 WP No. 28831 of 2024 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. 28831 OF 2024 (GM-CPC) BETWEEN: SMT. NAGALAMBHIKE B., W/O CHINNASWAMY, AGED ABOUT 40 YEARS, R.AT: THORAHALLI VILLAGE, BEGURU HOBLI, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT KARNATAKA – 571 111. …PETITIONER (BY SRI. LOKESHA K., ADVOCATE) AND: 1. SMT. PARAVATHAMMA W/O LATE SUBBANNA, AGED ABOUT 58 YEARS, 2. SRI.SHIVASHANKARA S., S/O LATE SUBBANNA, AGED ABOUT 42 YEARS R1 AND R2 ARE RESIDING AT LINGAYATH STREET, MUDLUPURA, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA DISTRICT – 571 313 3. SRI. BASAMMANI, W/O LATE. M. BASAVANNA, AGED ABOUT 55 YEARS, 4. SRI.SOMASHEKARA, S/O LATE M. BASAVANNA, AGED ABOUT 35 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4292 WP No. 28831 of 2024 R NO.3 AND 4 ARE R.AT MUDLUPURA VILLAGE, KASABA HOBLI, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA DISTRICT – 571 313, 5. SRI. YUNUS KHAN, S/O MAJUR KHAN, AGED ABOUT 60 YEARS, R/AT. GUNDLUPETE ROAD, 3RD CROSS, KASABAHOBLI, CHAMARAJANAGAR – 571 313 …RESPONDENTS (BY SRI. P. MAHESHA, ADVOCATE FOR R1 & R2; SMT. B. V. VIDYULATHA, ADVOCATE FOR R5;) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE ANNX-A ORDER DTD 13.08.2024 ON IA NO. 20 PASSED IN EX NO. 33/2021 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT CHAMARAJANAGAR. 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, petitioner seeks the following reliefs: “a) Issue of a writ of certiorari or any other appropriate writ or order of direction quashing Annexure-A Order dated 13.08.2024 on I.A.No.20 passed in Ex.No.33/2021 by the Principal Senior Civil Judge and CJM at Chamarajnagar. b) Issue such other appropriate writ or order of direction and grant such other relief or relief’s that the petitioner - 3 - HC-KAR NC: 2026:KHC:4292 WP No. 28831 of 2024 is entitled to under the facts and circumstances of the case with costs to the petitioner in the interests of justice.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. Learned counsel for the petitioner-judgment debtor and learned counsel for respondent Nos.1 and 2 - decree holder jointly submit that the present petition may be disposed of directing the Executing Court to disburse the sum of Rs.25,00,000/- deposited by the petitioner in favour of the respondent Nos.1 and 2 and by further directing the Executing Court to dispose of the execution proceedings on merits in accordance with law within a stipulated time frame. 4. The joint submission is placed on record and petition is disposed of by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby disposed of. - 4 - HC-KAR NC: 2026:KHC:4292 WP No. 28831 of 2024 ii) The Executing Court before whom the petitioner has deposited Rs.25,00,000/- is directed to disburse the said amount in favour of the respondents immediately which would be without prejudice to the rights and contentions and subject to final outcome of the execution proceedings. iii) Liberty is reserved in favour of both sides to submit their respective memos of calculations before the Executing Court. iv) The Executing Court shall consider the memos of calculations filed by both sides and dispose of the execution proceedings on merits as expeditiously as possible and at any rate within a period of 3 months from the date of receipt of copy of this order. v) The disbursal of the amount and withdrawal by respondents shall be without prejudice to the rights and contentions of both sides and subject to the final outcome of the execution proceedings. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 39