IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF NOVEMBER 2021

BEFORE

THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD

WRIT PETITION NO. 6615/2020 (GM-CPC)

C/W

WRIT PETITION NO. 45289/2019 (GM-CPC)

C/W

WRIT PETITION NO. 6915/2020 (GM-CPC)

IN WP NO. 6615/2020

BETWEEN :

SRI N NARASIMHAIAH

AGED ABOUT 64 YEARS,

S/O LATE NARASIAPPA

R/AT KODIGEHALLI

SAHAKARANAGARA-POST,

YELAHANKA HOBLI,

BENGALURU NORTH TALUK

BENGALURU DISTRICT-560092.

... PETITIONER

(BY SRI. RAMA BHAT K, ADVOCATE)

AND :

1 .

SRI G NARASAIAH

AGED ABOUT 67 YEARS,

S/O LATE GANGAPPA

2 .

K G RAMA MURTHY

AGED ABOUT 63 YEARS,

S/O LATE GANGAPPA

2

3 .

G VENKATESH

AGED ABOUT 59 YEARS,

S/O LATE GANGAPPA

RESPONDENT NOS.1 TO 3 ARE

RESIDENTS OF KODIGEHALLI,

SAHAKARANAGARA-POST,

YELAHANKA HOBLI,

BENGALURU NORTH TALUK,

BENGALURU-560092.

4 .

SAROJAMMA

AGED ABOUT 65 YEARS,

W/O LATE SUBBANNA

5 .

K S NARASIMHA MURTHY

AGED ABOUT 43 YEARS,

S/O LATE SUBBANNA

6 .

K S NAGARAJ

AGED ABOUT 36 YEARS,

S/O LATE SUBBANNA

RESPONDENT NOS.4, 5 AND 6 ARE

RESIDING AT NO.110,

OLD SOCIETY ROAD,

KODIGEHALLI VILLAGE,

SAHAKARANAGARA-POST,

BENGALURU-560092.

7 .

KRISHNAPPA

AGED ABOUT 54 YEARS,

S/O SRI. NARASIYAPPA

R/AT KODIGEHALLI,

NEAR RATION DEPOT,

SAHAKARA NAGARA POST,

BENGALURU-560092.

... RESPONDENTS

(BY SRI. PRADEEP NAIK K, ADVOCATE FOR R1 TO R3;

SRI. N.THIMMEGOWDA, ADVOCATE FOR R4 TO R5)

3

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE

THE ORDER DATED 31.08.2019 PASSED BY ISSUING

ATTACHMENT WARRANT OF PROPERTY OF IMMOVABLE

OF JDRS/DEFENCE IN SY.NO.94/1 BY THE HONBLE XX

ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU

(CCH-32) IN EXECUTION PETITION NO.2182/2002 AS

ANNEXURE-A

IN WP NO. 45289/2019

BETWEEN

1 .

SMT SAROJAMMA

W/O LATE N SUBBANNA

AGED ABOUT 65 YEARS,

2 .

SRI K S NARASHIMAMURTHY

S/O LATE N SUBBANNA

AGED ABOUT 43 YEARS,

3 .

SRI K S NAAGARAJ

S/O LATE N SUBBANNA

AGED ABOUT 36 YEARS,

ALL ARE RESIDING AT

NO.110, OLD SOCIETY ROAD,

KODIGEHALLI VILLAGE

SAHAKARANAGAR POST

BENGALURU-560092

... PETITIONERS

(BY SRI. THIMMEGOWDA N, ADVOCATE FOR

SRI. ARAVIND C. DESAI, ADVOCATE)

AND :

1 .

SRI G NARASAIAH

AGED ABOUT 67 YEARS,

S/O LATE GANGAPPA

4

2 .

K G RAMA MURTHY

AGED ABOUT 63 YEARS,

S/O LATE GANGAPPA

3 .

G VENKATESH

AGED ABOUT 59 YEARS,

S/O LATE GANGAPPA

RESPONDENT NOS.1 TO 3 ARE

RESIDENTS OF KODIGEHALLI,

SAHAKARANAGARA-POST,

YELAHANKA HOBLI,

BENGALURU NORTH TALUK,

BENGALURU-560092.

4 .

SRI. NARASIMHAIAH

AGED ABOUT 62 YEARS,

S/O. SRI. NARASIAPPA

5 .

SRI. N.KRISHNAPPA

S/O. SRI. NARASIAPPA

AGED ABOUT 54 YEARS

SL.NO.4 AND 5 ARE R/AT

KODIGEHALLI

NEAR RATION DEPOT

SAHAKARNAGAR POST

BENGALURU - 560 092

... RESPONDENTS

(BY SRI. PRADEEP NAIK K, ADVOCATE FOR R1 TO R3;

SRI. N.THIMMEGOWDA, ADVOCATE FOR R4;

SRI. D.G.CHINNAPPA GOWDA, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH

THE ORDER DATED 31.08.2019, PASSED IN EXECUTION

PETITION NO.2182/2002, ON THE FILE OF THE XX

ADDITIONAL

CITY

CIVIL

JUDGE

(CCH-32),

AT

5

BANGALORE,

UNDER

ATTACHMENT

WARRANT

ANNEXURE-F.

IN WP NO. 6915/2020

BETWEEN

1 .

SMT SAROJAMMA

W/O LATE N SUBBANNA

AGED ABOUT 65 YEARS,

2 .

SRI K S NARASHIMAMURTHY

S/O LATE N SUBBANNA

AGED ABOUT 43 YEARS,

3 .

SRI K S NAAGARAJ

S/O LATE N SUBBANNA

AGED ABOUT 36 YEARS,

ALL ARE RESIDING AT

NO.110, OLD SOCIETY ROAD,

KODIGEHALLI VILLAGE

SAHAKARANAGAR POST

BENGALURU-560092

... PETITIONERS

(BY SRI. THIMMEGOWDA N, ADVOCATE)

AND :

1 .

SRI G NARASAIAH

AGED ABOUT 67 YEARS,

S/O LATE GANGAPPA

2 .

K G RAMA MURTHY

AGED ABOUT 63 YEARS,

S/O LATE GANGAPPA

3 .

G VENKATESH

AGED ABOUT 59 YEARS,

S/O LATE GANGAPPA

6

RESPONDENT NOS.1 TO 3 ARE

RESIDENTS OF KODIGEHALLI,

SAHAKARANAGARA-POST,

YELAHANKA HOBLI,

BENGALURU NORTH TALUK,

BENGALURU-560092.

4 .

SRI. NARASIMHA