IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.34493 OF 2025 (GM-CPC)

BETWEEN: LAKSHMANA S/O LATE SONNAPPA, AGED ABOUT 58 YEARS, RESIDING AT MUTHUGADAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563163.

…PETITIONER (BY SRI K. SHRIHARI, ADVOCATE)

AND:

1. M/S EXCELLENT DEVELOPERS A PARTNERSHIP FIRM/COMPANY HAVING ITS OFFICE AT M/S EXCELLENT DEVELOPERS, NO.142, GROUND FLOOR G.R.PLAZA, S V G ROAD, BASAVANAGUDI, BENGALURU-560001.

REPRESENTED BY ITS PARTNER/DIRECTOR, P.N. ASHWATHANARAYANA

2. MRS. C. R. MANGALA W/O B N RAJANNA, AGED ABOUT 52 YEARS, RESIDING AT NO.1309, 13^TH CROSS, WOC, 2^ND STAGE, MAHALAKSHMIPURA, BENGALURU-560 086.

…RESPONDENTS (BY SRI R. RAVI SHANKAR, ADVOCATE FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 12.09.2025 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT KOLAR IN I.A. NO.2 IN COM.EX.1 OF 2025 CERTIFIED COPY OF WHICH IS AT ANNEXURE-A; B) ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER XXI RULE 97 OF THE CODE OF CIVIL PROCEDURE, 1908, IN I.A. NO.2 IN COM.EX. 1 OF 2025; C) DECLARE THAT THE PROPERTY BEARING 1. THE LAND BEARING SY.NO.96/5, KATHA NO.224, MEASURING 1 ACRE 3 GUNTAS CONVERTED FROM AGRICULTURAL PURPOSE TO RESIDENTIAL PURPOSE. 2. THE LAND BEARING SY.NO.96/6 KATHA NO.224, MEASURING 35 GUNTAS, CONVERTED FROM AGRICULTURAL PURPOSE TO RESIDENTIAL PURPOSE, BOTH SITUATED AT SHIVARAPATNA VILLAGE, KASABA HOBLI, MALUR TALUK, WITH COMMON BOUNDARIES ON EAST BY HOODI NARAYANASWAMY'S LAND, SY.NO. 96/2, SY.NO. 96/3, WEST BY MUNIRAJU'S LAND OF SY. NO. 96/1, NORTH BY ROAD LEADING TO MUTHUGADAHALLI AND SOUTH BY LAND OF M V VENKATESHAPPA'S LAND SY.NO.95 EXCLUSIVELY BELONGS TO THE PETITIONER AND CANNOT BE ATTACHED OR SOLD IN EXECUTION OF THE DECREE OBTAINED BY RESPONDENT NO.1 AGAINST RESPONDENT NO.2.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioner and learned counsel for respondent No.1.

2. This petition is filed by the petitioner, who is the objector, third party in the Commercial Execution No.1/2025 being aggrieved by the impugned order dated 12.09.2025, passed by the Principal District and Sessions Judge, Kolar.

3. The facts of the case are that:

The petitioner is the original owner of the property in question. Respondent No.1, M/s Excellent Developers i.e., decree holder in the execution petition after obtaining a decree against respondent No.2, preferred an execution petition to execute the said award. In the execution proceedings preferred by respondent No.1/decree holder, an application came to be filed under Order XII Rules 54, 64 and 82 read with Section 151 of the Code of Civil Procedure (for short, ‘the CPC’) for attachment and sale of the properties for recovery of the amount that was ordered in the Arbitral Award.

4. The petitioner/objector being aggrieved by the attempt to attach and sell his properties, filed an application under Order XXI Rule 97 of the CPC before the Executing Court claiming that the properties belonged to the petitioner/objector and the said order of attachment is illegal and arbitrary. Objections came to be filed to the said application by respondent No.1/decree holder. Upon hearing the application on merits, the Executing Court rejected the application filed by the petitioner/objector vide impugned order dated 12.09.2025. Aggrieved by which, the petitioner is before this Court.

5. It is the contention of the petitioner that he entered into a sale agreement with respondent No.2 on 05.08.2014 for the sale of the property in question for a total consideration of Rs.2,66,00,000/- and on the very same day, a General Power of Attorney was also executed in favour of respondent N