Karnataka High Court
Kasavva vs Rajashekar on 1 August, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:4359
WP No. 202279 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT PETITION NO. 202279 OF 2025 (GM-CPC)
BETWEEN:
KASAVVA W/O MALLAPPA BARAGI,
AGE: 79 YEARS, OCC: HOUSEHOLD,
R/O: KOLHAR VILLAGE, TQ: BASAVAN BAGEWADI,
DIST: VIJAYAPUR - 586 210.
...PETITIONER
(BY SMT. JYOTI S. KULKARNI, ADVOCATE)
AND:
1. RAJASHEKAR S/O BHIMASING DALAWAI,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: KOLHAR VILLAGE, TQ: BASAVAN BAGEWADI,
DIST: VIJAYAPUR - 586 210.
Digitally signed by
SHIVALEELA
DATTATRAYA UDAGI 2. CHANNAPPA S/O MALLAPPA BARAGI
Location: HIGH AGE: 70 YEARS, OCC: HOUSEHOLD,
COURT OF
KARNATAKA R/O: KOLHAR VILLAGE, TQ: BASAVAN BAGEWADI,
DIST: VIJAYAPUR - 586 210.
...RESPONDENTS
This WRIT PETITION is FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF WRIT IN
NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER
DATED 21.06.2025 PASSED IN THE E.P.NO.22/2024 WHICH IS
AT ANNEXURE-L PASSED BY THE ADDL. SR. CIVIL JUDGE AND
JMFC BASAVANA BAGEWADI AND ETC.
-2-
NC: 2025:KHC-K:4359
WP No. 202279 of 2025
HC-KAR
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL ORDER
Respondent No.1 had filed suit against respondent
No.2 in O.S.No.4/2024 for specific performance of the sale
agreement dated 02.09.2021 executed by respondent
No.2 infavour of respondent No.1 in respect of property
bearing survey No.712/3 measuring 04 acres. In the said
suit respondent No.2 has remained exparte. The said suit
came to be decreed by judgment and decree dated
15.04.2024. Under the said decree respondent No.2 has
been directed to execute sale deed infavor of respondent
No.1 by receiving balance consideration amount.
2. Respondent No.1 filed Execution Petition
No.22/2024 for executing the decree passed in
O.S.No.4/2024. During pendency of the execution case,
the petitioner who is mother of respondent No.2 filed an
application under Order I Rule 10 (2) read with Section
NC: 2025:KHC-K:4359
HC-KAR
151 of CPC praying to implead her as J.Dr No.2. The
respondent No.1 has contested the said application. The
Executing Court has dismissed the said application. The
order passed by the Executing Court rejecting the
application of the petitioner filed under Order I Rule 10 (2)
read with Section 151 of CPC has been challenged in the
present Writ Petition.
3. The petitioner claims that the property in
O.S.No.4/2024 which is subject matter of Execution
Petition No.22/2024 has been purchased in the name of
respondent No.2 out of compensation amount granted for
having acquired property of husband of the petitioner and
father of respondent No.2.
4. The subject property involved in the suit and
execution case is in the name of respondent No.1. The
contention of the petitioner that she is also having right in
the suit property cannot be adjudicated in the suit for
specific performance or in Execution Petition filed to
execute the decree passed in the suit for specific
NC: 2025:KHC-K:4359
HC-KAR
performance. The petitioner even in the suit for specific
performance is also not necessary or proper party. The
Executing Court cannot go beyond the decree. The
petitioner has not made out case for impleading her as
J.Dr No.2 in executing case filed by respondent No.1
against respondent No.2. The petitioner has not came as
Objector to Execution Petition.
5. Considering all these aspects, learned Executing
Court has rightly passed impugned order rejecting the
application of the petitioner filed under Order I Rule 10 (2)
read with Section 151 of CPC. In result, the Writ Petition
is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
