IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.14149 OF 2020 (GM-CPC)

BETWEEN:

SMT. PUSHPAVATHI W/O LATE VENUGOPAL NAIDU AGED ABOUT 70 YEARS R/A 675, B B GARDEN ROAD KHILLE MOHALLA MYSURU-570004.

…PETITIONER (BY SRI.MADHUKAR NADIG, ADVOCATE)

AND:

1 . SRI. K. PANDURANGA S/O LATE KRISHNAPPA AGED ABOUT 45 YEARS

2 . SRI K BABU S/O LATE KRISHNAPPA AGED ABOUT 47 YEARS SINCE DEAD, REP. BY

2(A) UMA MAHESHWARI D/O LATE K.BABU AGE: 23 YEARS, R/A BEHIND TAPCMS GODOWN NEELAKANTANAGAR NANJANGUDU, MYSURU

3 . SMT. BHARATHI @ RANI D/O LATE KRISHNAPPA AGED ABOUT 42 YEARS LRS OF LATE JAYAMMA D/O LATE SRINIVAS NAIDU R/A BEHIND TAPCMS GODOWN NEELAKANTANAGAR NANJANGUDU NANJANGUDU TALUK MYSURU DISTRICT-571313

4 . SMT RANGAMMA D/O LATE BALASUNDARA NAIDU W/O LATE VENKATESH NAIDU AGED ABOUT 59 YEARS R/A 675, B B GARDEN ROAD KHILLE MOHALLA MYSURU-570004 RESPONDENTS (BY SRI. S.J.MADHWARAJ A/W SMT. VARALAKSHMI P, ADVOCATE FOR R-1 & 3, SRI.VEERABHADRA SWAMY.H.P, ADV. FOR R-2(A), R-4 SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1908, PRAYING TO QUASH THE ORDER DATED 26/11/2020 PASSED BY THE X ADDL. I CIVIL JUDGE AND JMFC, MYSURU, IN EXE.NO.429/2016 AS PER ANNEXURE-M.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 01.09.2025 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/set aside the order dated 26.11.2020 passed by X Addl. Civil Judge and JMFC at Mysuru in Exe.No.

429/2016.

2. The Petitioner herein is the Judgment Debtor No.2 before the Executing Court and Respondent No.1 herein was the decree holder no.1 and respondent no. 2(a) is the LR of Respondent No. 2 who was the decree holder no.2 before the Executing Court and Respondent No.3 is the Decree Holder no.3. Respondent No.4 herein is the Judgment Debtor No.1.

3. The facts of the case are as follows:

One Sreenivasa Naidu was having 5 daughters namely, Smt. Venkatalakshmamma @ Bebamma, Smt. Nagamma, Smt. Parvathamma, Smt. Salamma @ Shakunthalamma, Smt.Jayamma and two Sons namely, Sri S.Venugopala Naidu, husband of 2^nd petitioner and Sri S.Balasundara Naidu, father of the 1^st petitioner. Venkatalakshamma @ Bebamma filed a suit in O.S.No.12/1976 before the I Munsiff, Mysuru against her brothers and sisters and sought for judgment and decree for partition and possession of the suit schedule property, wherein court has decreed 1/7^th share to all brothers and sisters. Aggrieved by the judgment and decree, Venugopala Naidu s/o Srinivasa Naidu and 1^st petitioner and her mother and her two brothers had preferred a regular Appeal in R.A.No.33/1985 before the Small Causes Judge at Mysuru. Smt.Venkatalakshmamma @ Bebamma had also filed cross objections in the said appeal against the judgment rejecting her claim for 1/5^th share wherein the Appellate Court has modified the judgment and decree passed in O.S.No.12/1976 and declared that the daughters of Srinivasa Naidu are entitled to 1/5^th share.

Aggrieved by the Order of the appellate Court, S.Venugopala Naidu and wife and son of Sri.Balasundar Naidu, had preferred a Regular Second Appeal in R.S.A.No. 411/1986, before this court, wherein, this court has dismissed the Second Appeal confirming the judgment and decree passed by the lower courts and first appellate courts.

During the pendency of RSA No.411/1986, Venugopala Naidu died and his LRs have not been brought on record. After the dismissal of RSA, the Second petitioner herein and her children filed review petition in Review Petition No.776/2013 before this court wherein this court had rejected the review. Final Decree Proceedings in F.D.P.No.16/2013 has been filed for final decree before the II Addl. Civil Judge and JMFC at Mysuru. The Court commissioner was appointed for division of properties and he submitted his reports and based on s