IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 1623 OF 2021 (GM-CPC)

BETWEEN:

SRI D.S. KASHINATH S/O LATE SHIVABASAIAH AGE ABOUT 65 YEARS ANNAPOORNESHWARI MESS SANJEEVAMMA BUILDING Y.T. ROAD, THURUVEKERE TOWN TUMKUR DISTRICT - 572 227.

…PETITIONER (BY SRI. NAVEEN J.N, ADV.)

AND:

SRI T.K. JAYAPRAKASH S/O LATE T.P. KARIYAPPA AGE ABOUT 63 YEARS RANGANATHA NILYA

2ND BLOCK, 2ND CROSS

1ST MAIN KUVEMPUNAGARA TUMKUR, PRESENTLY RESIDING Digitally signed by NANDINI M AT TANDAGA VILLAGE AND HOBLI S THURUVEKERE TALUK Location: H IGH TUMKUR DISTRICT - 572 227.

COURT OF …RESPONDENT KARNATAKA (BY SRI M.B. CHANDRA CHOODA, ADV.)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED CIVIL JUDGE AND JMFC THURUVEKERE ON IA NO.5 IN EX NO.26/2018 DTD.13.1.2021 MARKED AT ANNEXURE-F TO THE W.P.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. The petitioner is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 13.01.2021 passed on I.A.No.V in Ex.P.No.26 of 2018 by the Court of Civil Judge &

JMFC, Turuvekere.

2. Heard the learned counsel appearing for the parties. 3. The respondent herein had filed O.S.No.193 of 2013 before the jurisdictional civil Court, Turuvekere against the petitioner herein seeking the relief of eviction and recovery of arrears of rent. The said suit was decreed by the trial Court by judgment and decree dated 14.08.2018. The Decree Holder has initiated execution proceedings of the said decree in Ex.P.No.26 of 2018 and in the said proceedings the Decree Holder has filed I.A.No.V under Section 151 of CPC for issuing delivery warrant in respect to the suit schedule property and permit to break open the lock of the house. The said application was allowed by the executing Court vide the order impugned and being aggrieved by the same, the Judgment Debtor is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner's wife Smt. T.K. Lalithamma, who is the sister of respondent herein has filed O.S.No.8 of 2013 seeking the relief of partition and separate possession of the joint family property. The property which is subject matter of the dispute in the present petition is part and parcel of suit properties in O.S.No.8 of 2013. Therefore, the executing Court was not justified in allowing I.A.No.V. He accordingly, prays to allow the petition.

5. Per contra, learned counsel for respondent has argued in support of the impugned order. He submits that I.A.No.V was not even opposed by the petitioner by filing objection. Though the petitioner has filed regular appeal against the judgment and decree passed in O.S.No.193 of 2013, no interim order has been granted in the said appeal and therefore the executing Court was fully justified in allowing I.A.No.V. The petitioner is a chronic defaulter in payment of rent and for the last four years he has not deposited / paid the damages in terms of decree passed in O.S.No.193 of 2013.

Accordingly, he prays to dismiss the petition.

6. It is not in dispute that petitioner herein has suffered a decree in O.S.No.14.08.2018 wherein he was directed to hand over vacant possession of the suit schedule property within a period of 2 months from the date of decree. It is also not in dispute that the regular appeal filed by the petitioner herein in R.A.No.16/2018 challenging the judgment and decree passed in O.S.No.193 of 2013 has been dismissed and the judgment and decree dated 14.08.2018 passed in O.S.No.193 of 2013 has attained finality. The executing Court, which is bound by the decree in O.S.No.193 of 2013, has rightly allowed I.A.No.V. Merely for the reason that petitioner's wife has filed a separate