IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO.69 OF 2026 BETWEEN:

1. RAMESH P AGED ABOUT 36 YEARS SON OF LATE PONNUSWAMY N RESIDING AT NO.23 YELLAMMA KOIL STREET ULSOOR BENGALURU - 560 008

2. RAJA P AGED ABOUT 41 YEARS SON OF LATE PONNUSWAMY N RESIDING AT NO.23 YELLAMMA KOIL STREET ULSOOR Digitally signed BENGALURU - 560 008 by CHAITHRA A Location: HIGH COURT OF …APPELLANTS KARNATAKA (BY SRI. MARUTHI S H, ADVOCATE)

AND:

K.JYOTHI (SINCE DEAD NOW REPRESENTED BY HIS LEGAL REPRESENTATIVE)

1. SMT.KOKILA AGED ABOUT 50 YEARS W/O LATE JYOTHI AT PORTION OF NO.17 YELLAMMA KOIL STREET ULSOOR, BENGALURU - 560 008 (NOW NOT RESIDING IN THE SAID PREMISES PURSUANT TO SALE DEED DATED 11.11.2021)

K.KUMARESHAN (SINCE DEAD NOW REPRESENTED BY HIS LEGAL REPRESENTATIVES)

2. R.RAMANI W/O LATE KUMARESHAN K AGED ABOUT 57 YEARS RESIDING AT NO.17, YELLAMMA KOIL STREET, ULSOOR BENGALURU - 560 008

3. LAKSHMI K D/O LATE KUMARESHAN K AGED ABOUT 35 YEARS RESIDING AT NO.17, YELLAMMA KOIL STREET, ULSOOR BENGALURU - 560 008

4. DEEPA K D/O LATE KUMARESHAN K AGED ABOUT 33 YEARS RESIDING AT NO.17, YELLAMMA KOIL STREET, ULSOOR BENGALURU - 560 008

5. K.YUVARAJAN S/O LATE KUMARESHAN K AGED ABOUT 32 YEARS RESIDING AT NO.17 YELLAMMA KOIL STREET ULSOOR BENGALURU - 560 008 MANI (SINCE DEAD NOW REPRESENTED BY HIS LEGAL REPRESENTATIVE)

6. SMT.VALERMATHI W/O. LATE MANI MAJOR RESIDING AT PORTION OF NO.17 YELLAMMA KOIL STREET ULSOOR BENGALURU - 560 008 …RESPONDENTS (BY SRI.A.KESHAV BHAT, ADVOCATE FOR C/R.5)

THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE ORDER DATED 10.10.2025 PASSED ON I.A.NO.1/2023 IN EX.PETITION NO.25013/2016 ON THE FILE OF XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-29), MAYO HALL, BENGALURU., DISMISSING THE I.A.NO.1/2023 FILED UNDER SEC.XLVII R/W ORDER XXI RULE 97 AND 101 R/W SECTION 151 OF CPC AND ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

The captioned Regular First Appeal is filed by the third party applicants assailing the order dated 10.10.2025 of the Executing Court passed on I.A.No.1/2023 filed under Section 47 read with Order XXI Rule 97 and 101 read with Section 151 of Code of Civil Procedure, 1908 (for short 'CPC').

2. Facts leading to the case are as under;

The records disclose that the original decree holders, who are full brothers, had instituted four independent suits in the year 2004 against different tenants seeking declaration of title and recovery of possession of the respective tenanted premises. All the suits were decreed directing the tenants to vacate and hand over vacant possession. The tenants carried the matter in four separate appeals before this Court; the appeals came to be dismissed, affirming the decrees. Thereafter, the tenants approached the Hon’ble Supreme Court by filing SLP No.14569/2016, which was dismissed on 21.09.2021, thereby lending finality to the decrees. Consequent upon the decrees attaining finality, separate execution petitions were initiated. The present appeal arises out of Execution Petition No.25013/2016, which relates to the decree passed in O.S.No.15397/2004.

3. In the said execution proceedings, the present appellants entered appearance claiming to be third parties and filed an application under Section 47 read with Order XXI Rules 97 and 101 and Section 151 of the CPC seeking to resist execution. Their principal assertion was that Smt.Kokila, widow of late K.Jyothi Ram - one of the original decree holders, had, during the pendency of the execution proceedings, executed a registered sale deed dated 11.11.2021 conveying 50% undivided share in the schedule property in their favour. On the strength of the said alienation, they contended that the decree holders were not entitled to enforce the decree in respect of the entire property. The decree holders filed detailed objectio