- 1 - HC-KAR NC: 2026:KHC:2012 WP No. 39013 of 2025 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. 39013 OF 2025 (GM-CPC) BETWEEN: 1. SMT. OBAMMA W/O LATE BORAIAH AGED ABOUT 73 YEARS 2. SRI. BORAIAH S/O. LATE BORAIAH AGED ABOUT 49 YEARS 3. SRI. CHANNAIAH S/O. LATE BORAIAH AGED ABOUT 49 YEARS 4. SRI. THIPPAIAH @ THIPPESWAMY S/O. LATE BORAIAH AGED ABOUT 46 YEARS 5. SMT. THIPPAMMA D/O LATE BORAIAH AGED ABOUT 78 YEARS 6. SMT. OBAMMA D/O CHANNAIAH AGED ABOUT 76 YEARS 7. SRI. BADABORAIAH S/O LATE CHANNIAH AGED ABOUT 57 YEARS ALL ARE RESIDING AT BUDNAHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DIST. – 577 522 …PETITIONERS (BY SRI. B. M. SIDDAPPA, ADVOCATE) Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2012 WP No. 39013 of 2025 AND: 1. SRI BORAIAH S/O LATE MUKKADI BORAIAH AGE ABOUT 74 YEARS R/O BUDNAHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DIST. – 577 522 2. SMT. BORAMMA D/O LATE MUKKADI BORAIAH AGE ABOUT 71 YEARS R/O KURININGANAHATTI VILLAGE, BUDNAHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DIST. – 577 522 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC CHALLAKERE IN EX.NO. 27/2019 ON I.A.NO. 04 DATED. 08.10.2025 PRODUCED AS ANNX-E TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2012 WP No. 39013 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “i) To issue writ of Certiorari or any other order in the nature of Writ quashing the order passed by the learned Principal Civil Judge and JMFC, Challakere in Ex.No.27/2019 on I.A.No.4 dated 8.10.2025 produced as Annexure-E to the writ petition. ii) Cost and such other reliefs deems fit to grant 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. After arguing the matter for sometime, learned counsel for the petitioner submits that the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to urge all contentions and defences available to the petitioner-decree holder before the Trial Court including the contentions urged in I.A.No.4 and the Executing Court may be directed to consider the same and pass appropriate orders, in accordance with law. 4. The said submission is placed on record. - 4 - HC-KAR NC: 2026:KHC:2012 WP No. 39013 of 2025 5. The petition is disposed of without interfering with the impugned order. However, liberty is reserved in favour of the petitioner to urge all contentions and defences including defences urged on maintainability of the Execution Petition, which shall be considered by the Executing Court, who shall hear both sides and dispose of execution proceedings, as expeditiously as possible and in accordance with law. 6. All rival contentions on all aspects of the matter including the contention as regards maintainability of the execution petition and various contentions urged in I.A.No.4 filed by the petitioner are kept open and no opinion is expressed on the same. 7. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 28