Karnataka High Court
Sri.Raghunandan vs Smt.Ambujakshi C N on 19 January, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:2632
WP No. 20143 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 20143 OF 2025 (GM-CPC)
BETWEEN:
SRI.RAGHUNANDAN
S/O LATE C.N PRKASH KUMAR
AGED ABOUT 39 YEARS
R/O DOOR NO 36/1
K.R. PURAM ROAD
SHIVAMOGGA
SHIVAMOGGA DISTRICT
...PETITIONER
(BY SRI. KARTHIK S TAYUR, ADVOCATE)
AND:
1. SMT.AMBUJAKSHI C.N
Digitally signed W/O L ANANTHAPPA
by PANKAJA S AGED ABOUT 74 YEARS
Location: HIGH R/O NO.11, 8TH MAIN
COURT OF
KARNATAKA BINNY LAYOUT, 1ST STAGE
VIJAYANAGAR
BENGALURU PIN 560040
2. SMT PUSHPANJAI S
W/O R. PRAKASH RAJU
AGED ABOUT 51 YEARS
R/O NO 153, 7TH 'B' MAIN
SANEGURUVANAHALLI
BASAVESHWARA NAGARA
BENGALURU-560 079
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NC: 2026:KHC:2632
WP No. 20143 of 2025
HC-KAR
3. SMT KUSUMA @ RAMANI
AGED ABOUT 61 YEARS
W/O LATE C.N PRAKSH KUMAR
R/O SREE SAW MILLS
RAVIVERMA STREET
SHIMOGA-577
4. MALA
AGED ABOUT 35 YEARS
D/O LATE C.N PRAKASH KUMAR
R/O SREE SAW MILLS
RAVIVERMA STREET
SHIMOGA, PIN-577
...RESPONDENTS
(BY SRI. RAJESWARA.P.N, ADVOCATE FOR R1,
SRI. SANTHOSH N, ADVOCATE FOR R2,
NOTICE TO R3 & R4 - IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ORDER SETTING
ASIDE THE IMPUGNED ORDER DATED 10.06.2025 PASSED BY
THE II SENIOR CIVIL JUDGE AND JMFC AT SHIVAMOGGA.
SHIVAMOGGA DISTRICT DISMISSING THE UNNUMBERED IAS
UNDER O. XXI R. 89 R/W 5151 CPC AND SECTIONS 2 AND 3
OF THE PARTITION ACT, 1893, FILED ON 10.06.2025.
RESPECTIVELY, AND ALLOW THE AFORESAID
APPLICATIONS FILED BY THE PETITIONER PERMITTING THE
PETITIONER TO PURCHASE THE IA SCHEDULE PROPERTY
BY DEPOSITING THE REMAINING AMOUNT OF RS
10,00,000COSTS AND SUCH OTHER ORDER IN FAVOUR OF
THE PETITIONER AND AGAINST THE 1 AND 2ND
RESPONDENTS IN THE INTERESTS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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NC: 2026:KHC:2632
WP No. 20143 of 2025
HC-KAR
ORAL ORDER
1. This petition by the judgment debtor No.2 in Ex.31/2017 is directed against the impugned order dated 10.06.2025, whereby the applications filed by the petitioner under Order XXI Rule 89 of CPC and Sections 2 and 3 of the Partition Act were rejected by the Trial Court.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the material on record.
3. A perusal of the material on record would indicate that respondents 1 and 2 namely Ambujakshi and Pushpanjali - decree holders 1 and 2 had instituted Ex.No.31/2017 to enforce, implement and execute the compromise decree passed in FDP.Nos.2/2011 and 3/2011. In the said execution proceedings, the property involved in the present petition is described as item No.3 of the execution schedule properties. The Executing Court directed sale of said property by way of public auction, subsequent to which, petitioner filed the instant applications requesting for valuation of said property and thereafter for permission to him to acquire 1/3rd share each of the respondents 1 and 2. By the -4- NC: 2026:KHC:2632 WP No. 20143 of 2025 HC-KAR impugned order, the Executing Court has proceeded to reject the applications, aggrieved by which, the petitioners are before this Court by way of present petition.
4. Learned counsel for the petitioner submits that the impugned order passed by the Trial Court may be set aside and the applications filed by the petitioner in relation to item No.3 of the execution schedule properties may be allowed by directing valuation to be conducted of the said property as contemplated under Sections 2 and 3 of the Partition Act and by permitting the petitioner along with respondents 3 and 4 to buy the remaining respective 1/3rd share of each of the respondents 1 and 2 in the said property.
5. Learned counsel for respondents 1 and 2, who are entitled for 1/3rd share each in the said property, on instructions submits that respondents 1 and 2 are not interested in buying 1/3rd share of the petitioner or respondent Nos.3 and 4 and the applications filed by the petitioner may be disposed of by issuing certain directions for valuation and sale of the said property. -5-
NC: 2026:KHC:2632 WP No. 20143 of 2025 HC-KAR
6. In view of the aforesaid facts and circumstances and the joint submissions made by both sides, I deem it just and appropriate to dispose of the writ petition by setting aside the impugned order and disposing of the applications filed by the petitioner by issuing certain directions.
7. In the result, I pass the following:
ORDER
i) The petition is hereby disposed of.
ii) The impugned order dated 10.06.2025 at Annexure-G is set aside.
iii) The applications filed by the petitioner under Order XXI Rule 89 of CPC and Sections 2 and 3 of the Partition Act are allowed.
iv) The Trial Court is directed to conduct valuation of item No.3 of the execution schedule properties in accordance with law and thereafter, permit the petitioner and respondents 3 and 4 to bid and thereafter, permit them to purchase 1/3rd share of each of respondents 1 and 2 at such value as fixed by the Trial Court in accordance with law.
v) Liberty is reserved in favour of the parties to put forth such contention as regards valuation, sale, -6- NC: 2026:KHC:2632 WP No. 20143 of 2025 HC-KAR etc., by filing appropriate applications and memos in this regard before the Executing Court, which shall consider the same and proceed further in accordance with law.
vi) The Executing Court is also directed to conclude and dispose of the execution proceedings as expeditiously as possible and at any rate, within a period of six months from the date of receipt of a copy of this order.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE PKS List No.: 1 Sl No.: 0