IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.2372 OF 2026 (GM-CPC)

BETWEEN:

1. N. CHAITHANYA W/O LATE M. NARAYANASWAMY, AGED ABOUT 54 YEARS, 2. SMT. H. LAKSHMAMMA W/O LATE M. NARAYANASWAMY, AGED ABOUT 74 YEARS, 3. N. BADARINARAYANA S/O LATE M. NARAYANASWAMY, AGED ABOUT 46 YEARS, ALL ARE R/AT HALLIPIRA MAIN ROAD, MUTTAGADAHALLI VILLAGE, THONDEBAVI HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 213 …PETITIONERS (BY SRI. NARASIMHAIAH K., ADVOCATE)

Digitally signed by AND:

MADHURI S Location:

1. BELIMUTTA SWAMIGALU High Court of SRI SRI PRA CHARMURTHY SHIVARUDA SWAMIGALU Karnataka AGED ABOUT 51 YEARS, R/AT NO.5, BELIMUTTA ROAD COTTONPET, BENGALURU – 560 053

2. B.N. JAGANNATHA, ADOPTED SON OF LATE ASHWATHANARAYANA AND LATE MALLAMMA, AGED ABOUT 51 YEARS, R/AT. NO.64/1, SITARAMAIAH ROAD GHAVIPURA EXTENSION, BENGALURU – 560 019.

…RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER PASSED ON IA NO.2 DATED 29.08.2025 ON THE FILE OF CITY CIVIL JUDGE AT BENGALURU (CCH-8) IN THE EXECUTION CASE NO.265/2018 VIDE ANNX-A AND ETC.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

“ i. Issue a writ of certiorari in quashing impugned order passed on I.A.No.2 DATED: 29.08.2025 on the file of City Civil Judge at Bengaluru (CCH-8) in the Execution Case No.265/2018 vide, Annexure – ‘A’.

ii. Issue a writ of certiorari in quashing impugned order passed on I.A.No.13 dated: 16.09.2025 on the file of City Civil Judge at Bengaluru (CCH-8) in the Execution Case No.265/2018 vide, Annexure-‘G’.

iii. Issue any other writ or pass any other order which this Hon’ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.”

2. Heard learned counsel for the petitioners and perused the material on record.

3. A perusal of the material on record will indicate that in pursuance of judgment and decree dated 18.11.2011 passed by this Court in RFA No.552/2003 dated 18.11.2011, the suit of the appellant – plaintiff for specific performance was decreed in their favour against the petitioners – defendants, who were the respondents in the said appeal. The said judgment and decree passed by the Division Bench of this Court in RFA No.552/2003 was confirmed by this Court, which dismissed the review petition filed by the petitioners in R.P.No.807/2012 dated 27.10.2017. So also, the appeal in Civil Appeal Nos.1982-1983/2022 was dismissed by the Apex Court. Under these circumstances, when the Executing court wanted to proceed further in the pending execution in Ex.No.265/2018 filed by the 1^st respondent – Decree holder, the petitioners filed the instant applications I.A.Nos.2 and 3 under Section 47 r/w Sections 98, 99 and 99-A CPC seeking dismissal of the execution proceedings. The said applications having been opposed by the 1^st respondent – Decree holder, the trial court proceeded to pass the impugned order dated 29.08.2025 dismissing both I.A.Nos. 2 and 3 filed by the petitioners.

4. Subsequently, the petitioners filed one more application I.A.No.13 under Section 14(A) of Specific Relief Act, seeking dismissal of the execution proceedings. The said application was also opposed by the 1^st respondent – Decree Holder and culminating in the impugned order dated 16.09.2025, whereby the Executing court dismissed the said I.A.No.13 filed by the petitioners.

5. Aggrieved by the impugned orders, dated 29.08.2025, passed on I.A.No.2 and 16.09.2025 passed on I.A.No.13, petitioners are before this Court by way of the present petition. 6. A perusal of the material on record will indicate that it is an undisputed fact that the Division Bench of this Court has upheld the claim of the 1^st respondent – Decree Holder and rejected the claim of the pe