- 1 - HC-KAR NC: 2026:KHC:2764 WP No. 39702 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39702 OF 2025 (GM-CPC) BETWEEN: SRI. KARUNAKAR SALIYAN, SON OF KITTU SALIYAN, AGED ABOUT 52 YEARS, RESIDING AT BAHADDURSHAHA ROAD, KUNDAPURA KASABA VILLAGE, KUNDAPURA TALUK – 576 201 …PETITIONER (BY SRI. PURNACHANDRA M. PURANIK, ADVOCATE) AND: 1. SRI. S. SUBRAYA SON OF LATE S. MANJUNATHA, AGED ABOUT 67 YEARS, RESIDING AT MAYYADI OF THEGGARSE VILLAGE, BYNDHOOR TALUK, PRESENTLY RESIDING AT FISH MARKET ROAD, KUNDAPURA KASABA VILLAGE, KUNDAPURA TALUK – 576 201 2. SRI. SEETHARAM SALIYAN, SON OF KITTU SALIYAN, AGED ABOUT 52 YEARS, RESIDING AT BAHADDURSHAHA ROAD, KUNDAPURA KASABA VILLAGE, KUNDAPURA TALUK – 576 201 PRESENTLY RESIDING AT NO. 4/210/3(2) 16, ‘SAROVARA NIVAS’, KEMBURE, KUNJATHBAIL, MARAKADA, MANGALORE – 575 015 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2764 WP No. 39702 of 2025 3. SRI. SHANKAR SALIYAN SON OF KITTU SALIYAN, AGED ABOUT 76 YEARS, RESIDING AT BAHADDURSHAHA ROAD, KUNDAPURA KASABA VILLAGE, KUNDAPURA TALUK – 576 201 PRESENTLY RESIDING AT NO. 6/13/532/1, MATADAKANIO ROAD, MANNAGUDDE, KODIALBAIL, MANGALORE – 575 003 4. SMT. USHA, WIFE OF LATE RAMESH SALIYAN, AGED ABOUT 49 YEARS, RESIDING AT BAHADDURSHAHA ROAD, KUNDAPURA KASABA VILLAGE, KUNDAPURA TALUK – 576 201 5. SRI. SUMANTH SON OF LATE RAMESH SALIYAN, AGED ABOUT 25 YEARS, RESIDING AT BAHADDURSHAHA ROAD, KUNDAPURA KASABA VILLAGE, KUNDAPURA TALUK – 576 201 6. MS. SURAKSHA DAUGHTER OF LATE RAMESH SALIYAN, AGED ABOUT 21 YEARS, RESIDING AT BAHADDURSHAHA ROAD, KUNDAPURA KASABA VILLAGE, KUNDAPURA TALUK – 576 201 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.09.2025 IN EX. C. NO. 110/2024 PASSED BY THE SENIOR CIVIL JUDGE, KUNDAPURA (ANNEXURE-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:2764 WP No. 39702 of 2025 ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Set aside the order dated 19.09.2025 in Ex.C.No.110/2024 passed by the Senior Civil Judge, Kundapura (Annexure-A); b) Dismiss the execution petition dated 15.11.2024 in Ex.C.No.110/2024 filed by the Respondent No.1 before the Senior Civil Judge, Kundrapura (Annexure-E); c) Grant costs of these proceedings; d) Grant such other reliefs as deemed fit by this Hon’ble Court in the facts and circumstances of the case, in the interest of justice.” 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 petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to urge all contentions including maintainability of the execution petition before the Executing Court, which may be directed to be disposed of in accordance with law. 4. Accordingly, the petition stands disposed of as withdrawn, reserving liberty in favour of the petitioner to urge all contentions including the contentions urged in the present petition - 4 - HC-KAR NC: 2026:KHC:2764 WP No. 39702 of 2025 as well as maintainability, which shall be decided by the Executing Court, in accordance with law, after providing sufficient and reasonable opportunity to both parties. Further, the Executing Court shall consider the rival contentions and dispose of the execution proceeding on merits, as expeditiously as possible, without being influenced by the findings and observations recorded in the impugned order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 23