IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

WRIT PETITION NO. 10175 OF 2021 (GM-CPC)

BETWEEN:

1. SRI L F PATIL,

s/o LATE FAKIR GOUDA PATIL,

AGED ABOUT 78 YEARS,

R/AT NO.1606, 4TH CROSS,

6TH MAIN, RPC LAYOUT,

VIJAYANAGAR, 2ND STAGE,

BANGALORE - 560 087.

…PETITIONER

(BY SRI. PURUSHOTHAM G, ADVOCATE)

AND:

SRI MUNIPILLAPPA

DEAD BY LRS

1.

Digitally

SMT NAGAMMA,

signed by

KAVYA R W/O LATE MUNIPILLAPPA,

Location: AGED ABOUT 30 YEARS,

High court R/AT KOLAVANAHALLI VILLAGE,

of Karnataka

NANDI HOBLI,

CHICKBALLAPURA TALUK - 562 101.

2. KUMARI RAKSHITHA, D/O LATE MUNIPILLAPPA,

AGED ABOUT 15 YEARS,

MINOR

REPRESENTED BY NATURAL GUARDIAN AND THEIR

MOTHER SMT NAGAMMA,

R/AT KOLAVANAHALLI VILLAGE, NANDI HOBLI, CHICKBALLAPURA TALUK - 562 101.

3. KUMARI RASHMITHA D/O LATE MUNIPILLAPPA, AGED ABOUT 13 YEARS, REPRESENTED BY NATURAL GUARDIAN AND THEIR MOTHER SMT NAGAMMA, R/AT KOLAVANAHALLI VILLAGE, NANDI HOBLI, CHICKBALLAPURA TALUK - 562 101.

…RESPONDENTS (BY R-1 SERVED AND UNREPRESENTED;

R-2 AND R-3 ARE MINORS AND REPRESENTED BY R-1)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.07.2020 MADE ON EXECUTION PETITION NO.39/2018 PASSED BY COURT OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC CHICKBALLAPURA AS PER ANNEXURE-A AND RESTORE THE EXECUTION PETITION NO.39/2018 FILED BY THE PETITIONER ON THE FILE 1ST ADDL. SENIOR CIVIL JUDGE AND JMFC BY DIRECTING TO CONSIDER IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Decree Holder is before this Court in this writ petition filed under Article 227 of the Constitution of India assailing the order dated 23.07.2020 passed in Ex.No.39/2018 by the Court of I Additional Senior Civil Judge and JMFC, Chickballapura vide Annexure-A.

2. Heard the learned counsel for the petitioner.

Respondents who are served in the matter have remained unrepresented before this Court.

3. Petitioner herein had filed O.S.No.188/2011 before the Jurisdictional Civil Court at Chickballapura for recovery of Rs.10,00,000/- with interest at 12% per annum from the date of suit till realisation. In the said suit, plaintiff had contended that he had entered into an agreement for sale with the defendant in respect of land bearing Sy.No.80p-3 measuring 1 acre 28 guntas situated at Kollavanahalli Village, Nandi Hobli, Chickballapura for a total sale consideration of Rs.30,60,000/- and earnest money of Rs.10,00,000/- was paid under the said agreement to the defendant. Seeking refund of the earnest money, plaintiff had approached the Trial Court in O.S.No.188/2011. The said suit was contested by the defendant by filing objections. The Trial Court, vide judgment and decree dated 27.10.2017 had decreed the suit. Undisputedly, the judgment and decree passed in O.S.No.188/2011 has attained finality. Ex.No.39/2018 is filed before the Trial Court by the decree holder for recovery of the money in terms of the decree passed in O.S.No.188/2011. The Trial Court vide the order impugned has closed the execution petition as not maintainable. Aggrieved by the said order, petitioner is before this Court.

4. Perusal of the material on record would go to show that judgment and decree passed in O.S.No.188/2011 dated 27.10.2017 has attained finality. In O.S.No.188/2011, it is held that defendant is liable to refund the earnest money of Rs.10,00,000/- to the plaintiff with interest at the rate of 6% per annum from the date of suit till realisation. Since the defendant had failed to pay the money in terms of the decree passed in O.S.No.188/2011, Ex.No.39/2018 was filed before the Trial Court by the decree holder and in the said proceedings, objections were raised by the judgment debtor stating that since the property in question, which was subject matter of the agreement for sale was granted to the defendant under the p