Karnataka High Court
Shankar S/O Siddappa Mutnali vs Mahadev S/O Dundappa Mutnali on 17 November, 2025
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NC: 2025:KHC-D:15689
WP No. 108534 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.108534 OF 2025 (GM-CPC)
BETWEEN:
1. SHANKAR S/O SIDDAPPA MUTNALI,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O. SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
2. MALLIKARJUN S/O SIDDAPPA MUTNALI,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O. SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
3. SHOBHA W/O SHANKAR MUTNALI,
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O. SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
4. SHEKAWWA W/O MALLIKARJUN MUTNALI,
AGE: 61 YEARS, OCC: HOUSEHOLD WORK,
Digitally signed by
CHANDRASHEKAR
R/O. SOLAPUR, TQ: HUKKERI,
LAXMAN
KATTIMANI
DIST: BELAGAVI-591 309.
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
5. GOURAWWA S/O NAGAPPA MUTNALI,
Date: 2025.11.19
12:20:57 +0530
AGE: 71 YEARS, OCC: HOUSEHOLD WORK,
R/O SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
6. GANAPATI S/O NAGAPPA MUTNALI,
AGE. 44 YEARS, OCC. SERVICE,
R/O. SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
7. GAJANANA S/O NAGGAPPA MUTNALI,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. SOLAPUR, TQ: HUKKERI,
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WP No. 108534 of 2025
HC-KAR
DIST: BELAGAVI-591 309.
8. KRISHNAPPA S/O MALLIKARJUN MUTNALI,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
9. MAHESH S/O MALLIKARJUN MUTNALI,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
10. DAYANAND S/O MALLIKARJUN MUTNALI,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
... PETITIONERS
(BY SRI. AVINASH BANAKAR, ADVOCATE)
AND:
1. MAHADEV S/O DUNDAPPA MUTNALI,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
2. APPASAHEB S/O DUNDAPPA MUTNALI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
3. MALLAPPA S/O DUNDAPPA MUTNALI,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. SOLAPUR, TQ: HUKKERI,
DIST: BELAGAVI-591 309.
PLAINTIFF NO.1 IS DEAD AND PLAINTIFF NO.2 TO 4
ARE LR'S., HENCE NOT MADE AS PARTY.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASH THE IMPUGNED ORDER DATED 11-
09-2025 ON I.A. NO.II IN O.S. NO.209/2019 PASSED BY THE COURT
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WP No. 108534 of 2025
HC-KAR
OF PRL. CIVIL JUDGE AND JMFC, SANKESHWAR VIDE ANNEXURE-E, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 11.09.2025, rejecting the application filed under Section 10 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'Code').
2. The petitioners, who are the defendants before the Trial Court, have filed an application to stay the suit in O.S.No.209 of 2019, on the premise that the Second Appeal in RSA No.100164/2015 against the property covered in the said suit bearing O.S.No.209 of 2019, is pending consideration.
3. The Trial Court rejected the application on the premise that the decree in favour of the plaintiffs in earlier suit in O.S.NO.25/2010, is already executed and in E.P.No.5 of 2016, the possession is already delivered to the -4- NC: 2025:KHC-D:15689 WP No. 108534 of 2025 HC-KAR petitioners of the said suit who are the plaintiffs of the present suit.
4. It is submitted by the learned counsel for the petitioners that the operation of the decree is stayed by the High Court in the pending RSA No.100164 of 2015.
5. It is noticed that the stay order is granted on 24.07.2019. However, execution is closed on 14.06.2019, delivering the possession of the property to the plaintiffs.
6. Under these circumstances, the Court has held that the application under Section 10 of the Code, is not maintainable. This Court does not find any error in the impugned order.
7. Needless to say that the rights of the parties are subject to the judgment in Regular Second Appeal No.100164 of 2015, as the Execution Petition is closed during the pendency of the said Regular Second Appeal. -5-
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8. In case the petitioners succeed in the said Regular Second Appeal, then the petitioners always have a remedy under Section 144 of the Code.
9. With above observations, the Writ Petition is dismissed.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 34