Karnataka High Court
K. Harshavaradhana S/O K. ... vs K. Halappa S/O Siddappa Since Deceased ... on 20 August, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 105992 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 105992 OF 2025 (GM-CPC)
BETWEEN:
K. HARSHAVARADHANA S/O. K. CHANNABASAPPA,
AGE: 49 YEARS, OCC. AGRICULTURE,
R/O. ADVIMALLANAKERE VILLAGE,
TQ. HUVINAHADAGALI, DIST. BALLARI-583 219.
...PETITIONER
(BY SRI. PATIL MAHANTESH RACHANAGOUDA, ADVOCATE)
AND:
K. HALAPPA S/O. SIDDAPPA
SINCE DECEASED BY HIS LR'S.,
Digitally signed by
SAROJA NAGAMMA W/O. K. HALAPPA
HANGARAKI
Location: High SINCE DECEASED BY HER LR'S.,
Court of Karnataka,
Dharwad Bench,
Dharwad
1) MALLAMMA W/O. HEMAPPA,
AGE: 69 YEARS, OCC: HOUSEHOLD WORK,
R/O: NANDIBEVOOR VILLAGE, TQ: HARAPANAHALLI,
DIST: DAVANAGERE-583 131.
2) ANUSUYA W/O. LATE ASHOK ,
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O: NANDIBEVOOR VILLAGE, TQ: HARAPANAHALLI,
DIST: DAVANAGERE-583 131.
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3) CHELUVARAJ S/O.. LATE ASHOK G/S K. HALAPPA,
AGE: 34 YEARS, OCC:AGRICULTURE,
R/O: NANDIBEVOOR VILLAGE, TQ: HARAPANAHALLI,
DIST: DAVANAGERE-583 131.
4) SHUBHA W/O. SIDDESH
DAUGHTER IN-LAW OF LATE HALAPPA,
AGE: 51 YEARS, OCC: HOUSEHOLD WORK,
R/O: NANDIBEVOOR VILLAGE, TQ: HARAPANAHALLI,
DIST: DAVANAGERE-583 131.
5) CHOODAMANI W/O. VIRUPAKSHAGOUDA,
D/O LATE HALAPPA,
AGE: 58 YEARS, OCC: HOUSEHOLD WORK,
R/O: KONGANA HOSUR VILLAGE, TQ: HARAPANAHALLI,
DIST: DAVANAGERE-583 121.
6) CHANDRAMOULI S/O. LATE HALAPPA,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: NANDIBEVOOR VILLAGE, TQ: HARAPANAHALLI,
DIST: DAVANAGERE-583 131.
7) BASAVARAJA S/O. LATE HALAPPA,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: NANDIBEVOOR VILLAGE, TQ: HARAPANAHALLI,
DIST: DAVANAGERE-583 131.
8) LEELAVATHI W/O. LATE KALLANAGOUDA,
D/O LATE HALAPPA
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O: NANDIBEVOOR VILLAGE, TQ:HARAPANAHALLI,
DIST: DAVANAGERE-583 131.
9) BHASKAR S/O. LATE HALAPPA
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O: NANDIBEVOOR VILLAGE, TQ: HARAPANAHALLI,
DIST: DAVANAGERE-583 131.
10) KAMAKSHI W/O. TEJASH PATIL,
D/O LATE HALAPPA,
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AGE: 49 YEARS, OCC: HOUSEHOLD WORK,
R/O: KARIGANUR VILLAGE, TQ: CHANNAGIRI,
DIST: DAVANAGER-577 219.
K. CHANNABASAPPA S/O. LATE SIDDAPPA,
SINCE DECEASED BY HIS LR'S.,
11) K. SIDDAPPA S/O. K. CHANNABASAPPA,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: AMOGHA NILAYA, ADARAHANAGAR,
TUMKUR TQ & DIST: TUMKUR-572 103.
12) K. RAVINDRANATH S/O. K. CHANNABASAPPA
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O: ADVIMALLANAKERE VILLAGE,
TQ: HUVINAHADAGALI, DIST: BALLARI-583 219.
13) I. T. RENUKA W/O. I. T. KEVESHA
AGE: 69 YEARS, OCC: HOUSEHOLD WORK,
R/O: KOTTURESHWAR NILAY, HAGARIBOMMANHALLI,
TQ & DIST: BALLARI-583 121.
14) Y. NINGAMMA W/O. Y. MALLIKARJUNA
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O: JALANDHI, RAMANAGAR,
HAGARIBOMMANHALLI, TQ & DIST: BALLARI-583 121.
15) P. SHIVALEELA W/O. P. SIDDESH,
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O: GANGANAGAR, 1ST IV CROSS, BANGALORE,
TQ: & DIST: BANGALORE-560 032.
16) BHARATI W/O. RAVINDRA GOUDA
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O: KURUGODU VILLAGE,
TQ & DIST: BALLARI-583 116.
...RESPONDENTS
(NOTICE TO RESPONDENTS IS DISPENSED WITH)
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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE A WRIT IN
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT
AND QUASH THE ORDER PASSED ON I.A.NO.18 IN MISC
NO.5/2019 BY THE ITINERARY SITTING AT SENIOR CIVIL
JUDGE HUVINAHADAGALI PRODUCED AT ANNEXURE-AD, IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Notice to the respondents is dispensed with in view
of the proposed order to be passed.
2. The petitioner is before this Court seeking for the
following reliefs:
i) Issue a writ in nature of certiorari or any other
appropriate writ and quash the order passed on
I.A.No.18 in Misc No.5/2019 by the Itinerary
Sitting at Senior Civil Judge Huvinahadagali
produced at ANNEXURE-AD, in the interest of
justice and equity.
ii) Pass such other order or orders as this Hon'ble
court may deem fit in the circumstances of the
case.
3. A suit in OS No.11/1991 had been filed seeking for
declaration and possession as also mesne profits,
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which came to be decreed on 08.10.1993. Pursuant
thereto execution proceedings have been filed in
Execution Petition No.21/2018, insofar as the
declaration and possession aspect is concerned.
Insofar as the mesne profits are concerned,
proceeding in Miscellaneous Case No.5/2019 had
been initiated, for enquiry into the mesne profits
which are required to be paid in terms of the decree
passed.
4. In the execution proceedings, certain persons had
filed an application under Order XXI Rule 97 of CPC
claiming to be in possession obstructing the
execution of the decree for possession. On that
basis, the petitioner who is the judgment debtor had
filed an application under Section 10 of the CPC in
Miscellaneous Case No.5/2019 seeking for stay of the
enquiry into the mesne profits pending the disposal
of the Execution Petition No.21/2018. The said
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application having been dismissed, the petitioner is
before this Court seeking for the aforesaid reliefs.
5. Sri.Mahantesh R Patil, learned counsel for the
petitioner would submit that there being objectors
who had filed application EP No.21/2018 claiming to
be in possession, the petitioner not being in
possession of the property would not be required to
make payment of any mesne profits in Miscellaneous
Case No.5/2019 and as such the proceedings in
Miscellaneous case No.5/2019 ought to be stayed
until the disposal of Execution Petition No.21/2018.
6. His submission is that it is only after the orders are
passed on the obstructed application which is now
posted for evidence, could Miscellaneous Case
No.5/2019 be taken up.
7. Heard. Perused the writ petition papers.
8. The proceedings in Execution Petition No.21/2018 for
execution of the decree of possession which had
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been passed in OS No.11/1991 insofar as
Miscellaneous Case No.5/2019 is concerned, the
same relates to mesne profits, if required, to be paid
by the respondent therein and quantum of mesne
profits., it is for the petitioner in Miscellaneous Case
No.5/2019 to establish that the petitioner is entitled
to mesne profits as also the period and the quantum,
for which the petitioner is entitled to.
9. The petitioner could always defend Miscellaneous
case No.5/2019 by establishing that the petitioner is
not in possession, has not derived any benefit from
the property in question and therefore there is no
question of making payment of mesne profits. The
enquiry in Miscellaneous case No.5/2019 is different
from the enquiry in Execution Petition No.21/2018.
Though there may be certain overlap, merely
because there is a overlap, would not make Section
10 of the CPC applicable to stay the further
proceeding Miscellaneous Case No.5/2019.
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10. In that view of the matter, reserving liberty to the
petitioner to place all such evidence on record to
establish claim that the petitioner is not required to
make payment of any mesne profits, the petition
stands disposed.
11. Pending IA's stand disposed.
SD/-
(SURAJ GOVINDARAJ)
JUDGE
SH
CT:PA
