IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 14500 OF 2022 (GM-CPC)

BETWEEN:

1. SRI VASANTHA S/O LT NANJUNAPPA AGED 62 YEARS SENIOR CITIZEN NOT CLAIMED R/AT NO 2152/16 WATER TANK ROAD D BLOCK, SAHAKAR NAGAR BANGALORE 560092 2. SRI MANJUNATH S/O LT NANJUNDAPPA AGED 55 YEARS R/AT NO 2152/16 WATER TANK ROAD D BLOCK, SAHAKAR NAGAR BANGALORE 560092

3. UMESH S/O LT NANJUNDAPPA AGED 52 YEARS R/AT NO 2152/16 WATER TANK ROAD D BLOCK, SAHAKAR NAGAR BANGALORE 560092 …PETITIONERS (BY SRI. PRAKASH M H.,ADVOCATE)

AND:

1. SRI NAGARAJ S/O LATE GURUMALLESHAPPAA AGED 57 YEARS R/AT NO 299/A RAMAMANDIRA ROAD KODIGEHALLI VILLAGE SAHAKARNAGAR POST BANGALORE NORTH TALUK BANGALORE 560092

2. BASAVARAJ S/O LATE GURUMALLESHAPPA AGED 54 YEARS R/AT NO 299/A RAMAMANDIRA ROAD KODIGEHALLI VILLAGE SAHAKARNAGAR POST BANGALORE NORTH TALUK BANGALORE -560092.

3. SMT SUMITHRAMMA D/O LATE GURUMALLESHAPPA AGED 59 YEARS R/AT NO 299/A RAMAMANDIRA ROAD KODIGEHALLI VILLAGE SAHAKARNAGAR POST BANGALORE NORTH TALUK BANGALORE -560092.

4. SMT MANJULA D/O LATE GURUMALLESHAPPA AGED 53 YEARS R/AT NO 299/A RAMAMANDIRA ROAD KODIGEHALLI VILLAGE SAHAKARNAGAR POST BANGALORE NORTH TALUK BANGALORE 560092

5. SRI VENKATASWAMAPPA S/O RAMAPPAA MAJOR, R/AT KODIGEHALLI VILLAGE YELAHANKA HOBLI BANGLAORE -560092.

6. KRISHNAPPA S/O LT GOWDARA MUNYAPPA MAJOR, R/AT KODIGEHALLI VILLAGE YELAHANKA HOBLI BANGLAORE -560092. 7. SMT K ANUPAMA D/O KRISHNAPPA AGED MAJOR R/AT KODIGEHALLI VILLAGE YELAHANKA HOBLI BANGLAORE-560092.

…RESPONDENTS (BY SRI. B.V. MANJUNATHA GOWDA,ADVOCATE FOR R2; R1, R3 & R4 ARE SERVED; V/O DATED 21.07.2022, NOTICE TO R5 TO R7 ARE DISPENSED WITH)

THIS W.P. UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO SET ASIDE THE ORDER DTD.20.3.2019 PASSED BY VIII ADDL CITY CIVIL JUDGE AND BENGALURU IN EXECUTION PETITION NO.83/2015 VIDE ANNEXURE-G.

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

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

1. The present petition seeks to challenge an order dated 20.03.2019 in Ex.Case No.83/2015, captioned Annexure-G, passed by the City Civil and Sessions Judge, Bengaluru (hereinafter referred to as "Impugned Order"). By the Impugned Order, arrest warrants have been issued against Judgment Debtors No.1, 2 (a) to (c) and 3.

2. The challenge in the present petition is being filed by Judgment Debtors No.2 (a) to (c), who are the petitioners before this Court.

3. The record reflects that, service to the respondents stands completed. However, none has appeared for the respondents today.

4. This Court by order dated 21.07.2022, after prima facie examination of the issue, directed stay of execution proceedings in Execution No.83/2015. This order has continued till today. Given the pendency of this matter and the stay of proceedings before learned Trial Court, this Court deems it apposite to hear and decide the matter today.

5. The brief facts are that, a suit for permanent and prohibitory injunction, being OS No.8587 of 2002, has been filed against the petitioners as well as other defendants before the Learned Trial Court. By an order dated 06.07.2013, the suit was partly decreed and permanent injunction was granted in favour of the respondents-plaintiffs against the defendants restraining them from interfering with the peaceful possession and enjoyment of the suit schedule property to the extent of 29 guntas'. The relevant extract of the order is set out below :

ORDER

"In the result, therefore this suit filed by the plaintiff (LRs) against the defendants is hereby PARTLY DECREED.

Consequently, permanent injunction is hereby granted in favour of the plaintiff (LRs) against defendants, restraining them from interfering with plaintiff's peaceful possession and enjoyment of suit schedule property to the extent of 29 guntas.

The prayer of the plaintiff with regard to grant of mandatory injunct