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2026 DAILYLAW 50327 (KAR)

SRI RAMAKRISHNAIAH v. C K MURALASIDDAIAH

WP/30192/2024 · 2026-01-13

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2196 WP No. 30192 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 30192 OF 2024 (GM-CPC) BETWEEN: SRI RAMAKRISHNAIAH S/O THIMMANAYAKA, AGED ABOUT 77 YEARS, AGRICULTURIST, RESIDENT OF D. SHETTIHALLI VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK-572 215. …PETITIONER (BY SRI. MANJUNATH PRASAD V.,ADVOCATE) AND: 1. C K MURALASIDDAIAH S/O LATE CHANDRASHEKARAIAH, AGED ABOUT 52 YEARS, R/O KESARUMADU VILLAGE, UDRIGERE HOBLI, TUMKURU TALUK, TUMKURU-572 104. 2. SMT.GOWRAMMA W/O RANGASWAMY, AGED ABOUT 57 YEARS, 3. SRI.RANGASWAMY S/O THIMMARAYANAYAKA AGED ABOUT 60 YEARS, 4. SRI.RAVIKUMAR S/O RANGASWAMY, AGED ABOUT 25 YEARS, 5. SRI.R.UMESH S/O RANGASWAMY, AGED ABOUT 23 YEARS, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2196 WP No. 30192 of 2024 ALL ARE RESIDENT OF 3RD CROSS, 2ND DEVIATION, JAYAMMA COMPOUND, SHANTHINAGARA, TUMKURU-572 106 …RESPONDENTS THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED IN I.A.NO.13/2024 OF EX. NO.15/2013 ON THE FILE OF THE HONBLE CIVIL JUDGE (JR.DN.) AND J.M.F.C. AT TURUVEKERE, IN ORDER DATED 30.07.2024 BY ALLOWING THE APPLICATION FILED BY THE D.HR FOR ATTACHMENT OF PROPERTY BEARING SY.NO.53 TO AN EXTENT OF 2 ACRES 1 GUNTAS OF D.SHETTIHALLY VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, THE VIDE ORDER GOT MARKED AS ANNEXURE-A. 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 for the following reliefs:- “ (a) Issue a writ of certiorari or any other appropriate writ to set aside the order passed in I.A.No.13/2024 of Ex.No.15/2013 on the file for the Hon’ble Civil Judge (Jr.Dn.) & J.M.F.C. at Turuvekere, in Order dated: 30.07.2024 by allowing the application filed by the D.Hr for attachment of property of property bearing Sy No.53 to an extent of 2 acres 1 guntas of D.Shettyhally Village, Dandinashivara Hobli, Turuvekere Taluk, the vide order got marked as ANNEXURE-A. - 3 - HC-KAR NC: 2026:KHC:2196 WP No. 30192 of 2024 (b) Issue any other writ, order or direction as this Hon’ble Court grant such other and further reliefs as this Hon’ble court deems fit and proper under the circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and perused the material on record. 3. A perusal of the material on record will indicate that the Execution proceedings instituted by the 1st respondent - Decree Holder against respondent Nos. 2 to 5 - Judgment debtors, the petitioner-applicant filed an application I.A.No. 5 under Order 21 Rule 59 CPC claiming to be an obstructor/objector and the said application having been contested by the 1st respondent - Decree holder, the same culminated in an order dated 24.05.2021, whereby the Executing Court dismissed the said application filed by the petitioner -objector/obstructor. The said order dated 24.05.2021 passed by the Executing Court dismissing the application I.A.5 filed by the petitioner-objector/obstructor has attained finality and become conclusive and binding upon the petitioner. Hence, the petitioner is clearly not entitled to challenge the impugned order dated 30.07.2024 passed on I.A.No.13/2024, whereby the - 4 - HC-KAR NC: 2026:KHC:2196 WP No. 30192 of 2024 Executing Court allowed the application filed by the 1st respondent - Decree holder. 4. Under these circumstances, in the light of the dismissal of the application I.A.No.5 filed by the petitioner- objector/obstructor in Ex.No.15/2013 vide order dated 24.05.2021, I do not find any merit in the petition and the same is hereby dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.