Karnataka High Court
Noorjahan Begum vs Revappa S/O Beerappa Ammanawar Since ... on 20 August, 2025
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2025:KHC-K:4799
WP No. 202986 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.202986 OF 2023 (GM-CPC)
BETWEEN:
NOORJAHAN BEGUM
W/O LATE PASHUMIYAN
AGE: 66 YEARS, OCC: AGRICULTURE & HOUSEHOLD,
RESIDENT OF VILLAGE GADIKESHWAR,
TQ. CHINCHOLI-585307
DIST. KALABURAGI.
...PETITIONER
(BY SRI.S.B.HANGARKI., ADVOCATE)
AND:
Digitally signed by 1. REVAPPA S/O BEERAPPA AMMANAWAR,
PREMCHANDRA SINCE DECEASED BY HIS LRS.,
MR
Location: HIGH
COURT OF 1A) AKKAMMA W/O LATE REVAPPA AMMANAWAR,
KARNATAKA AGE: 75 YEARS, OCC: AGRICULTURE,
1B) ESHAWAR S/O LATE REVAPPA AMMANAWAR,
AGE: 63 YEARS, OCC: AGRICULTURE,
1C) CHANDRASHEKHAR
S/O LATE REVAPPA AMMANAWAR,
AGE: 60 YEARS, OCC: AGRICULTURE,
1D) VEERBHADRAPPA
S/O LATE REVAPPA AMMANAWAR,
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WP No. 202986 of 2023
HC-KAR
AGE: 57 YEARS, OCC: AGRICULTURE,
1E) NAGANATH S/O LATE REVAPPA AMMANAWAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
1F) BABURAO S/O LATE REVAPPA AMMANAWAR,
AGE: 52 YEARS, OCC: AGRICULTURE
ALL ARE R/O CHIMMAIDALAI
TQ. CHINCHOLI, DIST. KALABURAGI-585307.
...RESPONDENTS
(BY SRI. DESHPANDE G. V., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.S.B.Hangarki., counsel for the petitioner and
Sri.Deshpande.G.V., counsel for the respondents have
appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of
Certiorari to quash the order dated 27.11.2023 passed for
delivery of possession Warrant by the Court of Addl. Civil
Judge, Chincholi in E.P.No.43/2012 vide Annexure-G.
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3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers
with care.
4. Suffice it to note that the plaintiff filed a suit and
the same came to be decreed. Aggrieved by the Judgment and
Decree of the Trial Court, an appeal was preferred before the
First Appellate Court and the same was dismissed. As against
the said order, a second appeal has been filed before this Court
in R.S.A.No.7332/2012 and the same is pending consideration.
This Court had granted stay in the second appeal. The
petitioner being the Judgment Debtor, made a request to the
Executing Court by furnishing the copy of the interim order
granted by this Court in the second appeal to stay the further
proceedings. However, the Executing Court misdirected itself by
misinterpreting the order of the Apex Court in ASIAN
RESURFACING OF ROAD AGENCY P. LTD., & ANOTHER VS.
CENTRAL BUREAU OF INVESTIGATION, with regard to
requirement of the extension of the stay order and issued a
delivery of possession warrant. This is unsustainable in law.
The Apex Court has already clarified about the extension of the
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HC-KAR
stay order in the case referred to supra. Therefore, the order
passed by the Executing Court is liable to be set-aside.
Accordingly, it is set-aside.
5. The Writ of Certiorari is ordered. The order dated
27.11.2023 passed for delivery of possession Warrant by the
Court of Addl. Civil Judge, Chincholi in E.P.No.43/2012 vide
Annexure-G is quashed.
6. Resultantly, the Writ Petition is allowed.
Sd/-
(JYOTI MULIMANI)
JUDGE
TKN
