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2025 Supreme(Online)(Kar) 19700
Reserved on : 11.06.2025 Pronounced on : 08.07.2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.7144 OF 2025 (GM - CPC)
C/W WRIT PETITION No.7124 OF 2025 (GM - CPC) WRIT PETITION No.7126 OF 2025 (GM - CPC) WRIT PETITION No.7141 OF 2025 (GM - CPC) WRIT PETITION No.7142 OF 2025 (GM - CPC) WRIT PETITION No.7143 OF 2025 (GM - CPC) WRIT PETITION No.7145 OF 2025 (GM - CPC) WRIT PETITION No.7147 OF 2025 (GM - CPC) WRIT PETITION No.7148 OF 2025 (GM - CPC) WRIT PETITION No.7180 OF 2025 (GM - CPC)
IN WRIT PETITION No.7144 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., AGED ABOUT 39 YEARS R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR AGED ABOUT 52 YEARS R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH AGED ABOUT 67 YEARS R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA AGED ABOUT 53 YEARS R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SRI L.S.RADHAKRISHNA S/O L.V.SEETHARAMA AGED ABOUT 58 YEARS R/AT NO.327, ‘V’ CROSS ‘V’ BLOCK, III PHASE, III STAGE BANASHANKARI BENGALURU – 560 085.
2 . SRI ASHWATH S/O LATE VENKATAPPA R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI AGED ABOUT 43 YEARS W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098. 6 . SMT. RATHANAMMA AGED ABOUT 39 YEARS W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13 PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS (BY SRI ABHINAV RAMANAND, ADVOCATE A/W., SRI SIDDHARTHA D. K., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 3 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 563/2015 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16)
AT BANGALORE (ANNX-A).
IN WRIT PETITION No.7124 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., AGED ABOUT 39 YEARS R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH AGED ABOUT 67 YEARS R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA AGED ABOUT 53 YEARS R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA AGED ABOUT 53 YEARS R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SMT. H.R.VIMALA D/O H.K.RAMANATH AGED ABOUT 46 YEARS R/AT NO.123, 5TH MAIN ROAD I.T.I. LAYOUT, BANASHANKARI
3RD PHASE, BENGALURU – 560 078.
2 . SRI ASHWATH S/O LATE VENKATAPPA AGED ABOUT 42 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098. 6 . SMT. RATHANAMMA AGED ABOUT 39 YEARS W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER AGED ABOUT 38 YEARS D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13 PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS (BY SRI ABHINAV RAMANAND, ADVOCATE A/W., SRI SIDDHARTHA D. K., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 3 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 561/2015 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16) AT BANGALORE (ANNX-A).
IN WRIT PETITION No.7126 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., AGED ABOUT 39 YEARS R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR AGED ABOUT 52 YEARS R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA AGED ABOUT 53 YEARS R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA AGED ABOUT 53 YEARS R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SRI S.S.SINDAGI S/O LATE S.D.SINDAGI AGED ABOUT 84 YEARS R/AT NO.338, 7TH CROSS
3RD MAIN, 3RD BLOCK, H.M.T.LAYOUT VIDYARANYAPURA, BENGALURU – 560 013.
2 . SRI ASHWATH S/O LATE VENKATAPPA AGED ABOUT 42 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI AGED ABOUT 43 YEARS W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098. 6 . SMT. RATHANAMMA AGED ABOUT 39 YEARS W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER AGED ABOUT 38 YEARS D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13 PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 5 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 3426/2013 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16) AT BANGALORE (ANNX-A).
IN WRIT PETITION No.7141 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR AGED ABOUT 52 YEARS R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH AGED ABOUT 67 YEARS R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA AGED ABOUT 53 YEARS R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SRI S.RAVIKRISHNA S/O H.R.SUBBA RAO AGED ABOUT 54 YEARS R/AT STERLING TERRACE GARDEN APARTMENT, B.S.K.III STAGE RING ROAD, BENGALURU – 560 085.
2 . SRI ASHWATH S/O LATE VENKATAPPA R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI AGED ABOUT 43 YEARS W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098. 6 . SMT. RATHANAMMA AGED ABOUT 39 YEARS W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13, PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS (BY SRI ABHINAV RAMANAND, ADVOCATE A/W., SRI SIDDHARTHA D. K., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 3 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 560/2015 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-160 AT BANGALORE (ANNX-A).
IN WRIT PETITION No.7142 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., AGED ABOUT 39 YEARS R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH AGED ABOUT 67 YEARS R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA AGED ABOUT 53 YEARS R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SMT. R.MANJULA W/O RAJSEKHAR AGED ABOUT 51 YEARS R/AT NO.69, 2ND MAIN
2ND CROSS, GANGANAGAR BENGALURU – 560 032.
2 . SRI ASHWATH S/O LATE VENKATAPPA AGED ABOUT 42 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098. 6 . SMT. RATHANAMMA AGED ABOUT 39 YEARS W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER AGED ABOUT 38 YEARS D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13, PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 6 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 3422/2013 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16) AT BANGALORE (ANNX-A).
IN WRIT PETITION No.7143 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., AGED ABOUT 39 YEARS R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR AGED ABOUT 52 YEARS R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH AGED ABOUT 67 YEARS R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA AGED ABOUT 53 YEARS R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA AGED ABOUT 53 YEARS R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SRI K.S.SRINIVASAN S/O V.SHESHAGIRI AGED ABOUT 54 YEARS R/AT NO.12, S.R.S. OF N.D.R.I 'B' TYPE QUARTERS, ADUGODI BENGALURU – 560 030.
2 . SRI ASHWATH S/O LATE VENKATAPPA AGED ABOUT 42 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI AGED ABOUT 43 YEARS W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098. 6 . SMT. RATHANAMMA W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER AGED ABOUT 38 YEARS D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13, PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS (BY SRI ABHINAV RAMANAND, ADVOCATE A/W., SRI SIDDHARTHA D. K., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 6 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 3425/2013 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-160 AT BANGALORE (ANNX-A).
IN WRIT PETITION No.7145 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., AGED ABOUT 39 YEARS R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR AGED ABOUT 52 YEARS R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH AGED ABOUT 67 YEARS R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA AGED ABOUT 53 YEARS R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SRI K.M.MUDDE GOWDA S/O KEMPEGOWDA AGED ABOUT 56 YEARS R/AT MAYUR NIVAS
4TH MAIN, CHAMARAJPET BENGALURU – 560 018.
2 . SRI ASHWATH S/O LATE VENKATAPPA R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI AGED ABOUT 43 YEARS W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098. 6 . SMT. RATHANAMMA AGED ABOUT 39 YEARS W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13, PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS (BY SRI ABHINAV RAMANAND, ADVOCATE A/W., SRI SIDDHARTHA D. K., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 6 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 3424/2013 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16) AT BANGALORE (ANNX-A).
IN WRIT PETITION No.7147 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., AGED ABOUT 39 YEARS R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH AGED ABOUT 67 YEARS R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA AGED ABOUT 53 YEARS R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SRI JAYARAMU S/O GAVI GOWDA AGED ABOUT 61 YEARS R/AT CHANNASANDRA LAYOUT UTTARAHALLI HOBLI, S.B.PURA POST BENGALURU - 560 061.
2 . SRI ASHWATH S/O LATE VENKATAPPA AGED ABOUT 42 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI AGED ABOUT 43 YEARS W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098. 6 . SMT. RATHANAMMA AGED ABOUT 39 YEARS W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER AGED ABOUT 38 YEARS D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13, PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS (BY SRI ABHINAV RAMANAND, ADVOCATE A/W., SRI SIDDHARTHA D. K., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 5 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 3421/2013 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16) AT BANGALORE (ANNX-A).
IN WRIT PETITION No.7148 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., AGED ABOUT 39 YEARS R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR AGED ABOUT 52 YEARS R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA AGED ABOUT 53 YEARS R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA AGED ABOUT 53 YEARS R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SRI G.T.NARASIMHACHAR S/O LATE G.THIRUNARAYANA IYENGAR AGED ABOUT 62 YEARS R/AT NO. 343, 5TH MAIN ISRO LAYOUT, BENGALURU – 560 078
2 . SRI ASHWATH S/O LATE VENKATAPPA AGED ABOUT 42 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI AGED ABOUT 43 YEARS W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098.
6 . SMT. RATHANAMMA W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER AGED ABOUT 38 YEARS D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13, PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS (BY SRI ABHINAV RAMANAND, ADVOCATE A/W., SRI SIDDHARTHA D. K., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 6 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 3423/2013 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16) AT BANGALORE (ANNX-A).
IN WRIT PETITION No.7180 OF 2025 BETWEEN:
1 . SRI A.NAVEEN @ YASH S/O ARUN KUMAR J., R/AT NO.755, 5TH CROSS
3RD PHASE, 3RD BLOCK BANASHANKARI 3RD STAGE BENGALURU – 560 085.
2 . SRI K.C.RAGHUNATH @ RANGYANA RAGHU S/O K.C.CHIKKARANGAIAH AGED ABOUT 56 YEARS R/AT NO.26/20, SRI RANGA DHAMA
2ND MAIN ROAD, MARENAHALLI VIJAYANAGAR, BENGALURU – 560 040.
3 . SMT. R.PUSHPALATHA W/O G.H.MOHAN KUMAR AGED ABOUT 52 YEARS R/AT NO.35/1, 'CHETHANA'
1 'B' MAIN ROAD VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085.
4 . SMT. K.C.SOWBHAGYA W/O G.H.THIMMAIAH AGED ABOUT 67 YEARS R/AT NO.3953, 17TH ‘D’ CROSS
3RD MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU – 560 070.
5 . SRI G.N.RAJASHEKARA NAIDU S/O G.V.NARASIMHA NAIDU AGED ABOUT 58 YEARS R/AT NO.861, 21ST CROSS, 11TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU – 560 072. 6 . SRI G.BHOGENDRA S/O LATE GANGAPPA R/AT NO.110, 8TH CROSS ANNAPURNESHWARI LAYOUT
6TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
7 . SRI N.JAYANNA S/O LATE NAGANNA AGED ABOUT 52 YEARS R/AT NO.302, MATHRU KRUPA
8TH CROSS, ANNAPURNESHWARI LAYOUT NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
8 . SRI HARISH KUMAR J., S/O R.JAVAREGOWDA AGED ABOUT 53 YEARS R/AT NO.218, NAMMANE
6TH CROSS, 2ND ‘B’ MAIN ROAD
9TH BLOCK, NAGARABHAVI 2ND STAGE BENGALURU – 560 072.
... PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE A/W., SRI SANDEEP LAHIRI, AND SMT. DEEPIKA JOSHI, ADVOCATES)
AND:
1 . SRI ANJANEYA REDDY S/O LATE VENKATASAMAPPA AGED ABOUT 56 YEARS R/AT NO.86, II MAIN ROAD MUNIRAMANNA BLOCK, GANGANAGAR BENGALURU – 560 032.
2 . SRI ASHWATH S/O LATE VENKATAPPA R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU - 560 098.
3 . SRI NARASIMHARAJU S/O LATE VENKATAPPA AGED ABOUT 32 YEARS R/AT NO.36, CHANNASANDRA VILLAGE UTTARAHALLI HOBLI, BENGALURU – 560 098.
4 . SMT. LAKSHMI DEVI AGED ABOUT 43 YEARS W/O RAJANNA (CONTRACTOR)
D/O LATE VENKATAPPA R/AT 7TH CROSS, CHANASANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU - 560 098.
5 . SMT. BYAMMA AGED ABOUT 41 YEARS W/O LATE MUNIDAS D/O LATE VENKATAPPA R/AT 7TH CROSS CHHANSANDRA COLONY KENGERI, UTTARAHALLI MAIN ROAD CHANSANDRA, RAJARAJESHWARI NAGAR BENGALURU – 560 098. 6 . SMT. RATHANAMMA AGED ABOUT 39 YEARS W/O RAMESH (DRIVER) D/O LATE VENKATAPPA R/AT MAHANTHALINGAPURA ANEKAL TALUK, NEAR PRIMARY HEALTH CARE CENTER, BENGALURU – 560 098.
7 . SMT. MANJULA W/O SOMSHEAKER D/O LATE VENKATAPPA RESIDING AT NO.645, 4TH CROSS MALLASANDRA, MUNESHWARA BLOCK WARD NO.13, PEENYA DASARAHALLI BENGALURU – 560 057.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 27.02.2025 PASSED ON THE APPLICATION IN IA NO. 3 FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC IN EXECUTION PETITION NO. 562/2015 BY THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16) AT BANGALORE (ANNX-A).
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 11.06.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
Impleadment applications under Order I Rule 10 CPC are not maintainable in execution proceedings; only parties to the original suit can participate, ensuring effective enforcement of decrees.
Headnote:(A) Constitution of India - Article 227 - Civil Procedure Code, 1908 - Order I Rule 10(2) and Order XXI Rule 97 - Petitioners challenge rejection of application to implead themselves in execution of decree for permanent injunction - Court finds that applicants cannot be allowed to thwart execution as decree holders have established their rights. - The judgment debtors cannot be permitted to argue possession against lawful execution of decrees which have attained finality. (Paras 1, 6, 10, 12)
(B) Law on Impleadment - It is a settled principle that applications under Order I Rule 10 do not apply to execution proceedings and that only parties to the original suit, i.e., judgment debtors and decree holders, are maintainable in executions. ( Paras 10, 11)
Facts of the case:
The petitioners sought inclusion in execution petitions based on a purchase made post-finalization of the original suit in which the respondents were the decree holders. The decree was previously granted to maintain status quo in favor of existing parties.
Findings of Court:
The execution petitions must follow the decree without interference from subsequent purchasers not party to the original judgment.
Issues: The main issue pertained to the applicability of Order I Rule 10 in execution proceedings and whether the petitioners could assert rights established by a subsequent transaction.
Ratio Decidendi: The court held that allowing the petitioners to be impleaded could lead to an undermining of the enforcement of the final decree, emphasizing that execution must occur as dictated by the initial judgment.
Result: Petitions dismissed.
CAV ORDER
The petitioners and respondents in all these cases are common. They are before the Court calling in question an order dated 27-02-2025 passed by the XVII Additional City Civil and Sessions Judge, Bengaluru rejecting the applications filed by the petitioners under Order I Rule 10(2) of the CPC , in the Execution Petitions.
2. Heard Sri Bipin Hegde, learned counsel appearing for the petitioners and Sri Abhinav Ramanand, learned counsel appearing for the respondents.
3. Facts, in brief, germane are as follows: -
In terms of averments in the petitions, the history of the case dates back to 21-07-2007 when a common judgment in O.S.No.7761 of 2004 and connected cases was passed in respect of various properties bearing assessment No.2/3D situated at Channasandra Village, Uttarahalli Hobli, Bangalore South Taluk wherein the judgment debtors/respondents 2 to 7 were permanently restrained from interfering with the peaceful enjoyment of the suit schedule properties by the decree holders. On 20-05-2013 the petitioners purchase 1 acre of land in Sy.No.2/3B in Channasandra Village, Uttarahalli Hobli. The 1st respondent and other decree holders in O.S.No.7761 of 2004 claiming that the schedule property belonged them, which is claimed by the petitioners, sought to execute the judgment and decree passed on 21-07-2007.
3.1. The petitioners are said to have filed O.S.No.8678 of 2014 through the General Power Attorney Holder against the respondents and other persons and the trial Court is said to have issued an order of status quo to be maintained by both the parties in terms of its order dated 21-11-2015. The said order of status quo was confirmed by order dated 31-01-2017 by the concerned Court. It appears that the GPA holder of the petitioners got advanced the suit and withdrew the same on 16-12-2022. On 04-03-2023, the present petitioners preferred an application in I.A.No.II under Order XXI Rule 97 of the CPC to implead themselves in Execution No.560 of 2015 which comes to be rejected.
3.2. The concerned Court, further in Execution No.560 of 2015 grants police protection to execute the decree of permanent injunction granted in O.S.No.7761 of 2004. A little later, the concerned Court rejects the application filed by the petitioners under Order XXI Rule 97 CPC which comes to be challenged before this Court in R.F.A.No.1270 of 2023. The same comes to be disposed of as the petitioners/objectors withdrew the application reserving liberty to take steps in accordance with law. After withdrawal of the application under Order XXI Rule 97 CPC they filed application in I.A.No.III under Order I Rule 10(2) CPC seeking to implead themselves in the execution petitions. This comes to be rejected by the impugned order. It is, therefore, the petitioners are before this Court in the subject petitions.
3.3. The learned counsel appearing for the petitioners would seek to contend that execution petitions cannot be instituted against a third party without verifying the title and identity of the property. The Court must decide the ownership before dispossessing any person who is in possession of the property. To contend that the petitioners are in possession of the property, the application seeking impleadment in the execution proceedings is imperative to be allowed. The rejection of it is blatantly contrary to law. It is settled principle of law that even in a suit for permanent injunction the persons who are in possession or interested in the property, should be permitted to be impleaded, as a decree of permanent injunction is a judgment in personam. He would further contend that by taking police protection the decree is being executed or enforced against third parties like the petitioners who are in possession of the property. In all, the learned counsel would submit that the petitioners are entitled to enter into these proceedings and agitate their rights.
4. Per contra, the learned counsel representing the respondents/decree holders would vehementl
