Karnataka High Court

WP/27953/2026 of SRI. B.C. CHANNAKESHAVA, Vs SRI. S. RAJAKUMAR, on 24 September 2026

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CNR: KAHC010611232026 NC: 2026:KHC:52978 WP No. 27953 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 27953 OF 2026 (GM-CPC) BETWEEN: 1. SRI. B.C. CHANNAKESHAVA, S/O. CHANNEGOWDA,

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 27953 OF 2026 (GM-CPC)

BETWEEN:

1.

SRI. B.C. CHANNAKESHAVA,

S/O. CHANNEGOWDA,

AGED ABOUT 43 YEARS,

2.

SRI. B.C. KRISHNAPPA,

S/O. CHANNEGOWDA,

AGED ABOUT 51 YEARS,

BOTH ARE R/AT. SUNNADAHALLI VILLAGE,

KUDLIGERE HOBLI - 577 245

BHADRAVATHI.

…PETITIONERS

(BY SRI. SIDDARAMAIAH V. B., ADVOCATE)

AND:

1.

SRI. S. RAJAKUMAR,

S/O. LATE. BASAVARAJU,

AGED ABOUT 50 YEARS,

R/AT. C/O. GARE KRISHNAPPA,

MALINA KOPPA, MAARIDIBBA,

LAKKAVALLI, TARIKERE TALUK - 577 128

CHICKMAGALUR DISTRICT

2.

SMT. K. LEELAVATHI @ K. LEELAVATHI,

W/O LATE SRI. K.M.SADANIDHI,

AGED ABOUT 53 YEARS.

Digitally

signed by

VINUTHA B

S

Location:

High Court

of

Karnataka

HC-KAR

3.

SRI. JANA SELVA,

S/O LATE SRI. K.M.SADANIDHI,

AGED ABOUT 27 YEARS,

.

4.

SMT. S. KALAVATHI,

D/O LATE SRI. K.M.SADANIDHI,

AGED ABOUT 38 YEARS,

RESPONDENT No.2 TO 4 ARE

R/O. HALESANTHE MAIDHANA,

4TH CROSS, OLD TOWN,

BHADRAVATHI - 577 301.

5.

SRI JAWARILAL LODHA

S/O SRI. PUKHRAJ JI LODHA

AGED ABOUT 61 YEARS,

R/O OLD SANTHE MAIDAN,

BHADRAVATHI 577301.

6.

SRI. GHEESHULAL MEHTHA

S/O SRI. LUNAMAL JI MEHTHA

AGED ABOUT 51 YEARS,

R/O BOOTHANAGUDI,

OLD TOWN, BHADRAVATHI 577 301

7.

SMT. MUNIYAMMA

W/O LATE SRI. SADANIDHI

AGED ABOUT 73 YEARS,

R/O HALESANTHE MAIDHANA

4th CROSS, OLD TOWN

BHDRAVATHI 577 301

8.

SRI. M PADMANABHAN

S/O SRI. M MUNISWAMY

AGED ABOUT 63 YEARS,

R/O GUNDU RAO SHED,

TARIKERE ROAD, OLD TOWN,

BHADRAVATHI 577301

…RESPONDENTS

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE

ORDER DATED 24.02.2026, PASSED BY THE PRINCIPAL

SENIOR CIVIL JUDGE AND JMFC AT BHADRAVATHI, IN EX.

NO.58/2023, FILED BY THE RESPONDENT NO.1/DECREE

HOLDER, UNDER ORDER XXI RULE 11 OF CPC FOR DELIVERY

OF POSSESSION, VIDE, ANNEXURE - N.

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

The present petition is filed impugning the order dated 24.02.2026 passed in Execution No.58/2023, whereby the Executing Court entertained the application filed under Order XXI Rule 11 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), seeking delivery of possession.

2. Learned counsel appearing for the petitioners submits that the petitioners were allotted a share in the FDP pursuant to the order dated 03.02.2003. However, no share has been allotted to the petitioners in the final order passed in the FDP. It is contended that, unless the direction contained in the order dated 03.02.2003 for allotment of the share is given

HC-KAR

effect to, the direction for delivery of possession cannot be acted upon.

3. Heard the learned counsel appearing for the petitioners.

4. It is to be noted that the suit for partition was decreed in O.S. No.44/1987, which came to be finally adjudicated in FDP No.11/2001 and RSA No.387/1992. The application impugned in the present petition was filed only for delivery of possession in terms of the final decree passed in FDP No.11/2001 on 02.12.2015.

5. If the petitioners have any grievance with regard to non-allotment of their share in the final decree dated 02.12.2015, it is open to them to work out their remedies in accordance with law. However, such grievance, by itself, cannot constitute an impediment to the execution of the said decree.

6. The Executing Court, having considered the aforesaid aspects, has held that the execution petition filed under Order XXI Rule 11 of the CPC is maintainable. No ground is made out for interference with the order impugned.

HC-KAR

7. Accordingly, the writ petition is dismissed.

Sd/- (K. V. ARAVIND) JUDGE

VBS List No.: 1 Sl No.: 26

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