Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:22611 WP No. 12462 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12462 OF 2026 (GM-CPC) BETWEEN:
1. SRIPATHI S/O LATE RAMACHANDRAPPA AGED ABOUT 55 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPURA TALUK -577427. 2. GOWRAMMA W/O BABU. M D/O LATE RAMACHANDRAPPA AGED ABOUT 51 YEARS HOUSEWIFE R/O KAPPANAHALLI VILLAGE SHIKARIPURA TALUK -577427
3. SUDHAMANI S VIBUTHI W/O SOMAPPA C. VIBHUTHI D/O LATE RAMACHANDRAPPA AGED ABOUT 49 YEARS R/O NEHRU MARKET, K.B ROAD RANEBENNUR TOWN HAVERI DISTRICT-581115 . 4. HALESH S/O LATE RAMACHANDRAPPA AGED ABOUT 47 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPURA TALUK -577427. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:22611 WP No. 12462 of 2026
5. VIJAYALAKSHMI D/O LATE RAMACHANDRAPPA AGED ABOUT 53 YEARS R/O KAPPANAHALLI VILLAGE SHIKARIPURA TALUK
SINCE, UNDEVELOPED AND UNSOUND MIND LADY AND MENTALLY INFIRM REPRESENTED BY HER BROTHER/ GUARDIAN/PETITIONER NO.1 SRIPATHI, S/O LATE RAMACHANDRAPPA AGED ABOUT 55 YEARS AGRICULTURIST, R/O KAPPANAHALLI VILLAGE SHIKARIPURA TALUK-577427. …PETITIONERS (BY SRI. R.GOPALA.,ADVOCATE) AND:
1. S N BASAVARAJAPPA S/O LATE NAGAPPA AGED ABOUT 67 YEARS RETD. SCHOOL TEACHER R/O 1ST FLOOR OF MRF TYRE SHOP BUILDING BEHIND KIRAN TALKIES, SALURU ROAD SHIKARIPUR-577 427
2. S.N JAYAPPA S/O LATE NAGAPPA AGED ABOUT 66 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPUR TALUK-577 427. 3. S.N PAKEERAPPA S/O LATE NAGAPPA AGED ABOUT 65 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPUR TALUK -577 427. - 3 -
HC-KAR NC: 2026:KHC:22611 WP No. 12462 of 2026
4. S.N SHANMUKAPPA S/O LATE NAGAPPA AGED ABOUT 63 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPUR TALUK -577 427
5. S.N THIRTHAPPA S/O LATE NAGAPPA AGED ABOUT 62 YEARS AGRICULTURIST R/O KANOORU KADEKERI NEAR S.B.M BANK SHIKARIPUR TOWN -577 427. 6. S.N BHUJANGAPPA S/O LATE NAGAPPA AGED ABOUT 60 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPUR TALUK-577 427. 7. S.N MRUTHUNJAYA S/O LATE NAGAPPA AGED ABOUT 57 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPUR TALUK -577 427. 8. SMT. HIRIYAMMA W/O CHENNAPPA.H D/O LATE NAGAPPA AGED ABOUT 64 YEARS HOUSEWIFE R/O SHANTHI NAGAR SHIKARIPURA TOWN -577 427. 9. SMT. RENUKAMMA W/O LOHIT KUMAR D/O LATE NAGAPPA AGED ABOUT 56 YEARS
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HC-KAR NC: 2026:KHC:22611 WP No. 12462 of 2026
HOUSE WIFE R/AT KAPPANAHALLI VILLAGE SHIKARIPUR TALUK -577 427. 10. SMT.
HULUGAMMA W/O LATE NAGAPPA AGED ABOUT 88 YEARS HOUSE WIFE R/O KAPPANAHALLI VILLAGE SHIKARIPUR TALUK -577 427. 11. S.B ASHOKA S/O LATE S.N BASAVARAJAPPA AGED ABOUT 42 YEARS AGRICULTURIST R/O 1ST FLOOR OF MRF TYRE SHOP BUILDING BEHIND KIRAN TALKIES SALURU ROAD, SHIKARIPUR-577 427. 12. S.T SUMANGALA W/O S.N THIRTHAPPA AGED ABOUT 56 YEARS HOUSEWIFE R/O KANOORU KADEKERI NEAR S.B.M BANK, SHIKARIPUR TOWN -577 427. 13. S.J ANANDA S/O JAYAPPA AGED ABOUT 46 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPUR TALUK -577 427
14. BHARGAVA S.B S/O BHUJANGA RAO AGED ABOUT 29 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPUR TALUK -577 427. - 5 -
HC-KAR NC: 2026:KHC:22611 WP No. 12462 of 2026
15. S.S VIKAS S/O SHANMUKHAPPA AGED ABOUT 31 YEARS AGRICULTURIST R/O KAPPANAHALLI VILLAGE SHIKARIPUR TALUK -577 427. 16. SMT. SUSHEELA PUTTAPPA KADARMANDALGI W/O S.N BASAVARAJAPPA AGED ABOUT 60 YEARS TEACHER, R/O 1ST FLOOR OF MRF TYRE SHOP BUILDING BEHIND KIRAN TALKIES, SALURU ROAD SHIKARIPUR-577 427. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE APPROPRIATE WRIT OR WRITS ORDERING ISSUANCE OF DELIVERY WARRANT AND ALSO FOR ISSUE OF POLICE HELP FORTHWITH AS PRAYED FOR RESPECTIVELY IN I.A NO 2 DT 29-10-2025, VIDE, ANNEXURE-G AND I.A NO 4 DATED: 29-10- 2025, VIDE, ANNEXURE-H FILED IN EXECUTION PETITION NO 44/2025, VIDE, ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioners-Decree Holders No.1 has sought for the following relief/s:
“a) Issue appropriate writ or writs ordering issuance of delivery warrant and also for issue of police help forthwith as prayed for respectively in I.A No 2 dt:
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HC-KAR NC: 2026:KHC:22611 WP No. 12462 of 2026
29-10-2025, vide, Annexure- G and I.A No 4 dt: 29- 10-2025, vide, Annexure- H filed in Execution petition No 44/2025, vide, Annexure- F; and/or b) In the alternative, to issue appropriate writ or writs directing the Executing court, namely, the Hon'ble Court of Senior Civil Judge and JMFC, at Shikaripura to consider and dispose of I.A No 2 dt: 29-10-2025, vide, Annexure- G and I.A No 4 dt: 29- 10-2025, vide, Annexure- H and all other pending I.As on its file in Execution petition No 44 of 2025, vide Annexure- F forthwith; and c) Grant such other reliefs, orders, directions as this Hon'ble court deems fit to grant in the facts and circumstances of the case; and d) Award costs of the writ petition; and”
2. The petitioners are the Decree Holders. The father of the petitioners, Sri Ramachandrappa (plaintiff), filed a suit for partition and separate possession. The said suit came to be dismissed by order dated 08.04.2011. Being
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HC-KAR NC: 2026:KHC:22611 WP No. 12462 of 2026
aggrieved by the same, the plaintiff preferred an appeal in RFA No.1355/2011, which came to be allowed. Aggrieved thereby, the respondents preferred S.L.P.(Civil) No.21322/2022 before the Apex Court, which came to be dismissed. Thereafter, the petitioners–Decree Holders filed Ex.No.44/2025 before the Senior Civil Judge and JMFC, Shikaripur. Along with the execution petition, they filed I.A.No.2 for issuance of a delivery warrant, I.A.No.4 for police protection, and I.A.No.3 seeking permission to harvest the standing crops in the lands allotted to them. The Trial Court, though the other side has entered appearance, has not passed any orders on the said applications. Therefore, the petitioners are before this Court. 3. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the applications as expeditiously as possible.
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HC-KAR NC: 2026:KHC:22611 WP No. 12462 of 2026
4. Accordingly, the following order is passed:
ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of I.A.Nos.2 to 4, in accordance with law and as expeditiously as possible, preferably on or before 30.06.2026. c) Parties are directed to co-operate for early disposal of the applications.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 42