- 1 - HC-KAR NC: 2026:KHC:6764 WP No. 33634 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33634 OF 2024 (GM-CPC) BETWEEN: 1. SRI SHIVANNA S/O LT BETTSHETTY AGED ABOUT 63 YEARS 2. SMT PADMAMAM W/O SHIVANNA AGED ABOUT 57 YEARS BOTH ARE R/AT UPPARADODDI VILLAGE MALAGARANAHALLI KASABA HOBLI MADDUR TALUK 571476 MANDYA DISTRICT …PETITIONERS (BY SRI. P.D.SUBRAHMANYA .,ADVOCATE) AND: SRI RAMAKRISHNA S/O LATE MADASHETTY AGED ABOUT 59 YEARS R/O UPPARADODDI VILLAGE MALAGARANAHALLI KASABA HOBLI MADDUR TALUK 571476 MANDYA DISTRICT …RESPONDENT (BY SRI. ARCHANA MURTHY.,ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6764 WP No. 33634 of 2024 THIS WP IS FILED UNDER ARTICLES 227 OF CONSTITUTION OF INDIA PRAYING TO-DIRECT SETTING ASIDE THE ORDER MADE IN EX. NO. 109/2024 DTD 30.11.2024 ISSUING DELIVERY WARRANT WITH THE HELP OF JURISDICTIONAL POLICE, PASSED BY THE PRL. CIVIL JUDGE AND JMFC, MADDUR, (ANNEXURE-B), BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW EQUITY AND JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “i. Issue a writ of certiorari or any other writ or order or direction, setting aside the order made in Ex.No.109/2024 dtd: 30.11.2024 issuing delivery warrant with the help of jurisdictional police, passed by the Prl. Civil Judge and JMFC, Maddur (Annexure-B), being arbitrary, erroneous and opposed to law equity and justice. ii. Issue a writ of mandamus or any other writ or order or direction, to consider and pass orders on the interim application made in I.A.No.2/2024 in R.A.No.32/2024 pending on the file of the Addl. Senior Civil Judge and JMFC, Maddur, filed by the petitioners under Order XLI Rule 5 R/W S.151 CPC, (Annexure-H dtd: 29.05.2024) in the interest law justice and equity. - 3 - HC-KAR NC: 2026:KHC:6764 WP No. 33634 of 2024 iii. Grant such other and further reliefs as are just even including the costs of this application, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent instituted a suit in O.S.No.451/2017 against the petitioner for possession and other reliefs in relation to the suit schedule immovable property. By Judgment and Decree dated 11.03.2024, the Trial Court decreed the suit in favour of the respondent-plaintiff against the petitioners-defendants. Aggrieved by the said Judgment and Decree, the petitioner has approached the First Appellate Court in R.A.No.32/2024, in which there was a delay of twelve days in preferring the appeal, as a result of which no interim order was passed by the First Appellate Court and leading to the petitioners approaching this court by way of the present petition, since the respondent had instituted the impugned execution proceedings before the executing court. 4. When the matter came up before this court on 10.12.2024, the following interim order was passed: - 4 - HC-KAR NC: 2026:KHC:6764 WP No. 33634 of 2024 “ORAL ORDER ON I.A.No.1/2024 I.A.No.1/2024 is filed for dispensation of production of certified copy of Annexure - A. The cause shown seeking for dispensation of production of certified copy of Annexure - A is perused and the same is accepted. Accordingly, I.A.No.1/2024 is allowed and the production of certified copy of Annexure - A is dispensed with. Issue emergent notice to the respondent. In addition, learned counsel for the petitioners is directed to serve a copy of the petition to the learned counsel who represents the respondent herein before the executing Court. Till the next date of hearing, further proceedings in Ex.No.109/2024 pending on the file of the Principal Civil Judge and JMFC, Madduru is stayed. List this petition on 13.01.2025.” 5. The said interim order passed by this court on 10.12.2024 continues to remain in force and operate between the parties even as on today. It is a matter of record and an undisputed fact that the appeal in R.A.No.32/2024 is posted before the First Appellate Court on 20.02.2026. - 5 - HC-KAR NC: 2026:KHC:6764 WP No. 33634 of 2024 6. Under these circumstances though several contentions have been urged by both sides in support of their respective claims, I deem it just and appropriate to dispose of the petition by issuing certain directions. 7. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The First Appellate Court before whom R.A.No.32/2024 is said to be posted on 20.02.2026 is directed to condone the delay of 12 days in filing the appeal by passing appropriate orders on 20.02.2026. (iii) Immediately upon condoning the delay in filing the appeal in R.A.No.32/2024, the First Appellate Court shall dispose of the main appeal on merits and in accordance with law, within period of two months from 20.02.2026. (iv) It is further directed that till disposal of the appeal in R.A.No.32/2024, the execution proceedings in Ex. No.109/2024 shall remain in abeyance. - 6 - HC-KAR NC: 2026:KHC:6764 WP No. 33634 of 2024 (v) Upon disposal of R.A.No.32/2024, the Executing Court is at liberty to proceed further in the execution proceedings. (vi) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 16