Karnataka High Court
Sri Krishnappa vs Sri M S Suryanarayana Setty on 9 June, 2025
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WP No. 54735 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 54735 OF 2018 (GM-CPC)
BETWEEN:
SRI KRISHNAPPA
SINCE DEAD BY LRS
1. SMT K SUBBAMMA
W/O SRI MUGULAPPA
D/O LATE KRISHNAPPA
SINCE DECEASED BY LRS
(A) SRI MUGULAPPA
AGED ABOUT 68 YEARS
S/O SRI VENKATESH
(B) SMT MANJULA
AGED ABOUT 32 YEARS
D/O SRI MUGULAPPA AND LATE K SUBBAMMA
2. SMT K JAYAMMA
Digitally W/O KRISHNAPPA
signed by AGED ABOUT 51 YEARS
BHARATHI S D/O LATE KRISHNAPPA
Location: PETITIONERS 1(A) & (B) AND 2 ARE
HIGH RESIDING AT O B CHUDANAHALLI ,
COURT OF KAGGALIPURA CIRCLE UTTARAHALLI HOBLI,
KARNATAKA BANGALORE SOUTH TALUK - 560085
REPRESENTED BY PA HOLDER
SRI K RAMESH
3. SMT S RENUKA
W/O SUBRAMANYAM
AGED ABOUT 41 YEARS
4. SRI S R HINDU KUMAR
S/O SUBRAMANYAM
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AGED ABOUT 22 YEARS
5. MISS S R ROHINI
D/O SUBRAMANYAM
AGED ABOUT 20 YEARS
3 TO 5 ARE RESIDING AT NO. 325,
11TH CROSS, SHAKAMBARI NAGAR,
J P ANGAR 1ST PHASE
BANGALORE -560078
6. SMT K LAKSHMI
W/O GOVINDARAJU
AGED ABOUT 41 YEARS
D/O LATE KRISHNAPPA
RESIDING AT O B CHUDANAHALLI
KAGGALIPURA CIRCLE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK - 560085
REPRESENTED BY PA HOLDER SRI K RAMESH
7. SRI K MANJUNATH
S/O KRISHNAPPA
SINCE DECEASED BY LRS
(A) SMT M SARASWATHI
W/O LATE MANJUNATH K
AGED ABOUT 39 YEARS
(B KUM M KUSUM CHAYA
D/O LATE MANJUNATH K
AGED ABOUT 17 YEARS
(C) KUM M ROSHINI
D/O LATE MANJUNATH K
AGED ABOUT 15 YEARS
(D) MASTER M SAI MAN PREETH
S/O LATE MANJUNATH K
AGED ABOUT 13 YEARS
PETITIONERS 7(B) TO (D) ARE MINORS
REPRESENTED BY GUARDIAN PETITIONER NO. 7(A)
SMT M SARASWATHI AND
PETITIONERS 7(A) TO (D) ARE
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RESIDING AT SY NO. 7/1,
OBICHUDANAHALLI VILLAGE,
UDAYAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE - 560085
8. SRI K RAMESH
S/O KRISHNAPPA
AGED ABOUT 39 YEARS,
RESIDING AT NO 325, 11TH CROSS
SHAKAMBARI NAGAR,
J P NAGAR 1ST PHASE,
BANGALORE - 560078
NOW AT HOUSE NO. 1053,
3RD FLOOR, FLAT NO. 303,
E VAJARAHALLI, BCCHS LAYOUT
RAGHUVANAHALLI HOLIDAY
VILLAGE ROAD,
BANGALORE - 560062
9. SMT K RUKMINI
D/O LATE KRISHNAPPA
W/O SRI D VENKATESH WARULU
AGED ABOUT 35 YEARS
NATHAM KANDRIGA VILLAGE
VASUDHEVA PURAM NAGRI POST,
CHITTOR DISTRICT
ANDHRA PRADESH - 517590
REPRESENTED BY PA HOLDER SRI K RAMESH
...PETITIONERS
(BY SRI. Y K NARAYANA SHARMA, ADVOCATE)
AND:
1. SRI M S SURYANARAYANA SETTY
S/O SRI SANJEEVAIAH SETTY
NO. 376, 10TH CROSS,
2ND BLOCK, JAYANAGAR
BANGALORE - 560011
2. SRI B NARAYANA
S/O SRI BACHE GOWDA
NO 35, 5TH CROSS MYSORE ROAD,
OLD GUDDADAHALLI,
BANGALORE - 560026
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3. SRI B JAYARAM
S/O SRI BACHEGOWDA
NO 35, 5TH CROSS,
MYSORE ROAD,
OLD GUDDADAHALLI,
BANGALORE - 560026
4. SRI R SRINIVASA MURTHY
S/O SRI RAMU
NO 272, MYSORE ROAD,
BANGALORE - 560026
5. SRI V RAJAGOPALA SETTY
S/O SRI VENKATARAMAIAH SETTY
NO 15/3,WEST CIRCLE ROAD,
VISVESWARAPURAM
BANGALORE - 560004
6. DR MUTHYUNJAYA
S/O SRI S M NANJUNDAPPA
NO 32, 3RD CROSS,
THYAGARAJANAGAR
BANGALORE - 560028
7. SRI B GOPI NAIDU
S/O SRI R V NAIDU
NO 107/4, 3RD BLOCK
THYAGARAJANAGAR
BANGALORE - 560028
8. SRI RAMULU NAIDU
S/O SRI R V NAIDU
NO 107/4, 3RD BLOCK
THYAGARAJANAGAR
BANGALORE - 560028
9. SMT C SHIVAMMA
W/O SRI MRUTHYUNJAYA
NO. 32, SWASTHI 3RD CROSS,
SHANTHINAGAR
BANGALORE - 560027
10. SRI VYASARAJ
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11. SRI RANGANATH
12. SRI SAMSHIR
13. SRI YETHIRAJ
14. SRI SHIVARUDRAPPA
15. SRI SAMBHASHIVAIAH
16. SRI SRINIDHI
17. SRI SUSHEEL
18. SRI SHIVAMMA
FATHER / HUSBAND NAMES IN RESPECT OF THE
RESPONDENT NO.10 TO 18 ARE NOT
KNOWN TO THE PETITIONER AND
ALL OF THEM ARE RESIDING AT
KATHRIGUPPA VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK - 560085
...RESPONDENTS
(BY SRI. A R SHASHI KUMAR, ADVOCATE FOR R9
NOTICE TO R2 TO R5, R7, R8, R10 TO R12 &
R14 TO R18 IS DISPENSED WITH V/O DTD 09.02.2023
NOTICE TO R1, R6 & R13 IS DISPENSED WITH
V/O DTD 09.06.2025)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD
18.11.2017 PASSED IN EX NO.1558/1998 BY THE COURT OF THE
XXII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CCH-18 AS PER
ANNEXURE-K AND REVIVE THE EXECUTION PETITION OR PASS
OTHER SUITABLE ORDERS OR DIRECTIONS AS DEEMED FIT UNDER
THE CIRCUMSTANCES OF THE CASE BY ALLOWING THIS W.P. AND
ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE C.M. POONACHA
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ORAL ORDER
1. The present writ petition is filed calling in question the order dated 18.11.2017 passed in Execution Case No.1558/1998 by the XIX Additional City Civil Judge, Bengaluru.1.
2. The relevant facts in a nutshell leading to the present petition are that the predecessor of the petitioners viz., one Krishnappa filed a suit in O.S. No.5832/1991 for declaration and possession. The said suit was decreed vide judgment and decree dated 23.07.1998. Execution case No.1558/1998 was filed to execute the decree passed in O.S. No.5832/1991. The Trial Court vide order dated 18.11.2017 closed the execution petition till disposal of RFA No.1000/2014 with liberty to the decree holder to file a fresh execution petition after the final order is passed in RFA No.1000/2014. Being aggrieved, the decree holder has filed the present writ petition.
3. Heard the submissions of learned Counsel Sri Y.V.Prakash appearing for learned counsel Sri Y.K.Narayana Sharma for the petitioners.
1Hereinafter referred to as the 'Trial Court' -7- NC: 2025:KHC:19527 WP No. 54735 of 2018 HC-KAR
4. It is the vehement contention of the learned counsel for the petitioners that various proceedings have taken place in the execution proceedings and the Trial Court ought not to have closed the execution proceedings with liberty to file a fresh execution petition and ought to have granted liberty to the petitioners to seek for re-opening of the execution proceedings. Further, learned counsel for the petitioners filed a memo dated 03.06.2025 placing on record that this Court vide order dated 21.12.2023, dismissed RFA No.1000/2014 for non-prosecution.
5. In view of the dismissal of RFA No.1000/2014, the question of going into the contention of the petitioners with regard to reserving liberty to re-opening the execution proceedings does not arise and the execution proceedings is required to be proceeded with.
6. Hence, the following ORDER
i) The above petition is allowed.
ii) Order dated 18.11.2017 passed in Execution Case No.1558/1998 by the -8- NC: 2025:KHC:19527 WP No. 54735 of 2018 HC-KAR XIX Additional City Civil Judge, Bengaluru is set aside.
iii) Petitioners shall appear before the Trial Court on 03.07.2025.
iv) Consequent to appearance of the petitioners, the Executing Court shall proceed further with the execution proceedings in accordance with law.
Sd/-
(C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 12