Sri. A Gurusidappa vs Sri. Eshwarappa
2023 Latest Caselaw 3743 Kant

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                                                       NC: 2023:KHC:22209
                                                          CRP No. 486 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 27TH DAY OF JUNE, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         CIVIL REVISION PETITION NO. 486 OF 2019 (EX)

                   BETWEEN:

                   1.    SRI A. GURUSIDAPPA
                         S/O. SIDDAPPA
                         AGED ABOUT 64 YEARS,

                   2.    SRI BASAPPA
                         S/O. DUBASI MALIYAPPA
                         AGED ABOUT 51 YEARS,

                   3.    SRI SANNA MALIYAPPA
                         S/O. DUBASI MALIYAPPA
                         AGED ABOUT 61 YEARS,

                   4.    SRI CHOWDAPPA
                         S/O. DUBASI MALIYAPPA
                         AGED ABOUT 66 YEARS
Digitally signed
by SHARANYA T
Location: HIGH           ALL ARE AGRICULTURIST
COURT OF                 R/O. ARALIHALLI VILLAGE,
KARNATAKA
                         KASABA HOBLI,
                         HOSADURGA TALUK
                         CHITRADURGA DISTRICT-577 527.
                                                               ...PETITIONERS

                                 (BY SRI BALARAJ A.C., ADVOCATE)

                   AND:

                   1.    SRI ESHWARAPPA
                         S/O. LATE MARIYAPPA
                         AGED ABOUT 59 YEARS,
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                                       NC: 2023:KHC:22209
                                           CRP No. 486 of 2019




    AGRICULTURIST,
    R/O. ARALIHALLI VILLAGE,
    KASABA HOBLI,
    HOSADURGA TALUK
    CHITRADURGA DISTRICT-577 527.
                                                   ...RESPONDENT

              (BY SRI K. RAMA BHAT, ADVOCATE)

     THIS CRP IS FILED UNDER SECTION 115 OF CPC
AGAINST THE ORDER DATED 31.10.2019 PASSED IN
EX.NO.33/2012 ON THE FILE OF THE ADDL. CIVIL JUDGE AND
JMFC, HOSADURGA ALLOWING THE PETITION FILED UNDER
ORDER 21 RULE 32 OF CPC.

     THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

This matter is listed for admission and I have heard the

learned counsel for the petitioners and learned counsel for the

respondent.

2. This petition is filed challenging the order dated

31.10.2019 passed in Ex.No.33/2012 on the file of the

Additional Civil Judge and JMFC, Hosadurga allowing the

petition filed under Order 21, Rule 32 of C.P.C.

3. The petitioners herein have filed the affidavit dated

27.06.2023 narrating the issues involved between the parties in

the earlier suit as well as in the execution petition. It is also

NC: 2023:KHC:22209 CRP No. 486 of 2019

stated with regard to filing of Execution No.30/2008 and

Execution No.33/2012, wherein an order has been passed by

the Trial Court imprisoning the petitioners herein i.e., the

judgment debtors for a period of 30 days.

4. The revision petitioners in Para No.5 of the affidavit

have undertaken before the Court that they will not interfere in

any manner with the possession of the land bearing

Sy.No.132/P1, measuring 1.00 acre situate at Aralihally Village,

Kasaba Hobli, Hosadurga Taluk and the very same boundaries

which are mentioned in the judgment and decree is also

mentioned. In the affidavit, an unconditional apology is also

tendered to the respondent and once again they have

undertaken that they will not interfere in future with the

possession of the respondent in any manner.

5. Having taken note of the affidavit and also learned

counsel for the respondent also not disputes the fact that the

boundaries mentioned in the affidavit and also the judgment

and decree is one and the same and since the petitioners have

tendered unconditional apology before the Court to the

respondent and also undertaken that they will not interfere with

NC: 2023:KHC:22209 CRP No. 486 of 2019

the possession of the respondent in any manner, instead of

confirming the order of the Trial Court to send the petitioners

herein to prison for a period of 30 days, the Court also should

be magnanimous in considering the affidavit filed by the

petitioners herein. Hence, it is appropriate to consider the

affidavit filed by the petitioners herein, wherein an

unconditional apology is tendered and the undertaking given is

also in respect of the boundaries which have been mentioned in

the judgment and decree and the petitioners have also

undertaken before the Court that they will not interfere with

the possession of the respondent in any manner. Hence, by

accepting the affidavit filed by the petitioners, this Court can

direct the petitioners herein to adhere to the undertaking given

by them in future also and shall not interfere with the

possession of the respondent in terms of the decree which has

been passed in O.S.No.26/2006. The petitioners and their

family members are directed not to indulge in such activities in

future against the judgment and decree in respect of the above

property.

Accordingly, the revision petition is disposed of by

modifying the order of the Trial Court. If the petitioners gain

NC: 2023:KHC:22209 CRP No. 486 of 2019

continue to interfere with the possession of the respondent, the

respondent is at liberty to approach this Court to revive this

revision.

Sd/-

JUDGE

ST