IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.8666 OF 2018 (GM-CPC)

BETWEEN:

SMT. RIHANA PARVEEN, D/O LATE MOHAMMAD KHAN, AGED ABOUT 57 YEARS, OCC: HOUSEHOLD WORK, R/AT HUNGANUR VILLAGE, KASABA HOBLI, BENGALURU RURAL DISTRICT-

561217.

…PETITIONER (BY SRI. RAGHAVENDRA K., ADVOCATE)

AND:

SMT. CHANDRAMMA W/O LATE JAYARAM, AGED ABOUT 57 YEARS, OCC: HOUSEHOLD WORK, R/AT SUNNAGHATTA VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562138.

…RESPONDENT (BY SRI. D.C. DEEPAK, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 9.12.2013 PASSED BY THE SR. CIVIL JUDGE AND JMFC, CHANNAPATNA ON I.A.5 FILED UNDER SEC. 151 OF THE CIVIL PROCEDURE CODE IN EX. PETN. NO. 3/13 VIDE ANNEX-M AND ALSO TO QUASH THE ORDER DATED 25.7.2017 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, RAMANGARA IN M.A. NO.1/14 VIDE ANNEX-P AS NOT MAINTAINABLE AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 19.08.2025 AND COMING ON FOR PRONOUNCEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

This Writ Petition has been filed seeking to quash the Order dated 09.12.2013 passed by Senior Civil Judge & JMFC, Channapatna on I.A.No.5 filed under Section 151 of CPC in Ex.Petn.No.3/13 and also to quash the order dated 25.07.2017 passed by I Additional District and Sessions Judge, Ramanagara, in M.A.No.1/14.

2. The petitioner herein is the Plaintiff and The respondent herein is the defendant before the Court Below.

3. The Facts of the case are as follows:

The Land in question is the land bearing Sy.No.

152/1A measuring 0.30 Guntas situated at Sunnaghatta Village, Kasaba Hobli, Channaptana Taluk, Ramanagara District. The respondent who is the owner of the said land in question (suit land) interested to sell the said land in question and the petitioner is interested and ready to purchase the same, executed an agreement of sale on 21.11.2005 in favour of the petitioner for a sale consideration of Rs. 1,05,800/- (Rupees One Lakh Five Thousand Eight Hundred Only) per gunta taking Earnest Money of Rs. 2,000/- and Rs. 5,000/- by Demand Draft bearing No. 348487 before the witness on 19.11.2005. Further, the respondent agreed to execute the sale deed within six months from the date of agreement of sale by receiving the remaining sale consideration amount. But the respondent has not at all executed the Sale Deed within 6 months as per the above said agreement of sale. But the respondent has executed another agreement of sale and requested for extension of time for execution of the sale deed in respect of the land in question in favour of the petitioner. Accordingly, an other agreement of sale dated 24.04.2006 in respect of the above said land in question.

Even after the expiry of 6 months, the terms of the agreement has not been complied with, and so, the petitioner got issued a legal notice. However, petitioner has not received any response, thereby constrained to file O.S.No.357/2006 before the Civil Judge (Senior Division)

at Ramanagara.

The trial Court partly decreed the suit which reads as follows:

“The suit of the plaintiff is hereby partly decreed. The defendant shall execute the Sale Deed to the extent of her share in favour of the plaintiff within three months. Thereafter the plaintiff may file a suit against children of the defendant for separate possession of share of defendant. Draw decree accordingly"

Thereafter, the petitioner filed a Regular Second Appeal No.29/2010 before the I Addl. District and Sessions Judge, Ramanagara against the Judgment and Decree dated 16.02.2010 passed by Principal Civil Judge (Senior Division), Ramanagara and the same was dimissed confirming the Order dated 16.02.2010. After dismissal, petitioner filed E.P.No.3/2013 under Order 21 Rule 11(2) of CPC before the Court of Civil Judge Senior Division at Chennapat