Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:16201 WP No. 8282 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8282 OF 2026 (GM-CPC)
BETWEEN:
SRI JAYAPRAKASH S/O. LATE M.H. CHANDRAPPA AGED ABOUT 60 YEARS R/AT NO. 604, 1ST E MAIN ROAD MATHIKERE,BENGALURU 560 054. …PETITIONER (BY SRI. BALAKRISHNA SHASTRY G,ADVOCATE) AND: APPAMMA SINCE DECEASED REP. BY HER LEGAL HEIRS. A. SUBBEGOWDA S/O. LATE ANJANAPPA SINCE DECEASED REP. BY HIS LEGAL HEIRS
1. SMT. KOMALA W/O. LATE S.A. SUBBEGOWDA AGED ABOUT 63 YEARS. SRI MAHESH SINCE DEAD REP. BY HIS LEGAL HEIRS
2. SMT. UMADEVI W/O. LATE MAHESH
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:16201 WP No. 8282 of 2026
AGED ABOUT 39 YEARS
3. KUM. DHANVI D/O. LATE MAHESH AGED ABOUT 7 YEARS
4. MASTER VIHAN S/O. LATE MAHESH AGED ABOUT 1 YEAR SINCE R3 AND R4 ARE MINORS THEY ARE REP. BY THEIR NATURAL GUARDIAN SMT. UMADEVI. R1 TO R4 ARE R/AT NO. 448/B 1ST MAIN ROAD, NEAR BEL ROAD MATHIKERE, CHIKKAMARANAHALLI BENGALURU 560 054. 5. SRI GIRISH S/O. LATE S.A. SUBBEGOWDA AGED ABOUT 34 YEARS R/ AT NO. 448/B 1ST MAIN ROAD NEAR BEL ROAD, MATHIKERE CHIKKAMARANAHALLI BENGALURU 560 054. M.M. CHANDRAPPA SINCE DEAD BY LRS
6. SMT. RAJESHWARI D/O. LATE M.H. CHANDRAPPA AGED ABOUT 64 YEARS
7. SMT. SUNANDAMMA D/O. LATE M.H. CHANDRAPPA AGED ABOUT 61 YEARS
8. SMT. SHYLAJA D/O. LATE M. CHANDRAPPA AGED ABOUT 58 YEARS
- 3 -
HC-KAR NC: 2026:KHC:16201 WP No. 8282 of 2026
9. SMT. SUGUNA D/O. LATE M.H. CHANDRAPPA AGED ABOUT 55 YEARS
10. SMT. SUJATHA D/O. LATE M.H. CHANDRAPPA AGED ABOUT 53 YEARS
11. SMT. MANJULA D/O. LATE M.H. CHANDRAPPA AGED ABOUT 46 YEARS
R6 TO R11 ARE R/AT NO. 604 1ST E MAIN ROAD, MATHIKERE BENGALURU 560 054 …RESPONDENTS (BY SRI. V N SHANKAREGOWDA, ADVOCATE FOR R1 TO R5:
SERVICE OF NOTICE TO R6-R11 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED:27.02.2026 ON IA NO. 2/2025 IN EX NO:383/2015 ON THE FILE OF XV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH NO. 3) PRODUCED AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINRY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
- 4 -
HC-KAR NC: 2026:KHC:16201 WP No. 8282 of 2026
ORAL ORDER
1. In this writ petition, the petitioner-Judgment Debtor 1(f) has called in question the order dated 27.02.2026 passed by the XV Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as ‘Executing Court’ for short) on I.A.Nos.II/2025 and III/2025 in Ex.No.383/2015, whereby the Executing Court has
directed to execute the decree in FDP No.37/1989 with police protection.
2. The
learned counsel appearing for the petitioner/Judgment Debtor No.1(f) and the learned counsel appearing for respondent Nos.1 to 5/Decree Holders have not disputed the sketch prepared by the Court Commissioner appointed in the FDP, produced as Annexure-D. As per the FDP, the Decree Holders are entitled to 2 1/5th share in the suit schedule property, which comes to 2.02 guntas. The Commissioner, vide Annexure-D, has demarcated the land in the sketch.
- 5 -
HC-KAR NC: 2026:KHC:16201 WP No. 8282 of 2026
3. The only apprehension of the petitioner is that unless the surveyor identifies the land demarcated by the Commissioner in Annexure-D, it would be difficult for the bailiff to execute the decree. Therefore, it is contended that the decree can be executed by the bailiff with the assistance of the Assistant Director of Land Records (ADLR).
4. Since the parties have accepted the final decree proceedings and the sketch prepared by the Commissioner, and as the said sketch (Annexure-D) is not in dispute, the bailiff requires the assistance of the ADLR for proper identification of the land along with necessary police protection.
5. Therefore, before executing the impugned order, the bailiff shall take the assistance of the ADLR to identify the land of the Judgment Debtors pursuant to Annexure-D. Upon such identification, the bailiff shall proceed to execute the impugned order in accordance with law.
- 6 -
HC-KAR NC: 2026:KHC:16201 WP No. 8282 of 2026
6. Accordingly, the bailiff is directed to execute the
order passed by the Trial Court on I.A.No.II in Ex.No.383/2015 vide Annexure-A, with the assistance of the ADLR for identification of the land along with the necessary Police protection.
7. To that extent, the order dated 27.02.2026 passed by the Executing Court on I.A.No.II/2025 in Ex.No.383/2015 is hereby modified by directing the bailiff to take the assistance of the ADLR for identification of the land along with the necessary Police protection. The order passed on I.A.No.III/2025 granting police protection shall remain unaltered.
8. Accordingly, the writ petition is disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 24