Karnataka High Court
Palaxayya Shankrayya Amargol Hiremath ... vs Shri Shantveerayya Alias Shantesh S/O ... on 21 January, 2025
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NC: 2025:KHC-D:1097
CRP No. 100067 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
CIVIL REVISION PETITION NO. 100067 OF 2023 (-)
BETWEEN:
PALAXAYYA SHANKRAYYA AMARGOL HIREMATH
SINCE DECEASED BY HIS LRS
1. SHRI. CHANNAVEERASWAMI
S/O. PALAXAYYA HIREMATH,
AGE. 57 YEARS,
OCC. CONDUCTOR IN KSRTC,
R/O. CHURCHIHALMATH CHAWL,
ANNA DANESHWARA NAGAR,
CHAWL KOPPAL CROSS ROAD,
MUNDARGI - 582118 DIST. GADAG.
2. SMT. JAYASHREE
W/O. NIJAGUNAYYA HIREMATH,
AGE: 69 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O: C/O: SHANTAMMA KOLAKAR,
MANJANNA HANUMANTHA NAGAR,
E
SANMATI LAYOUT,
NEAR GLOBAL COLLEGE,
Digitally UNAKAL, HUBBALLI-580031,
signed by
MANJANNA E
DIST: DHARWAD.
Date:
2025.01.24
13:00:49 3. SMT. DAXAYANI @ CHAMPAVATI
+0530
W/O. BASAVANNAYYA HIREMATH,
AGE: 64 YEARS,
OCC: RETIRED TEACHER,
R/O: SANDIGAWAD VILLAGE,
TAL: RON, DIST: GADAG.
...PETITIONERS
(BY SRI. S.M.PATIL AND M.V. PATIL, ADVOCATES)
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NC: 2025:KHC-D:1097
CRP No. 100067 of 2023
AND:
1 SHRI. SHANTVEERA SWAMI
S/O. ANDANAYYA AMARGOL HIREMAT,
AGE: 57 YEARS, OCC: SERVICE,
R/O: KUSHTAGI-584121 DIST: KOPPALA.
2 SMT. SHAKUNTALA @ SULOCHANA
W/O. SOMANATHASWAMY KALMATH,
AGE: 67 YEARS, OCC: HOUSEHOLD,
R/O: NO.281, KHAJANE BADAVANE,
KERMAGALLI BHOGADI, II STAGE,
BEHIND CHIRST PUBLIC SCHOOL,
POST: BHOGADI, MYSORE-570026.
SMT. ANDAVVA
W/O. VEERABHADRAYYA AMARGOL HIREMATH,
SINCE DECEASED BY HER LRS.
3 SMT. GANGAVVA
W/O, RACHAYYA CHIKMATH,
AGE: 75YEARS OCC: HOUSEWIFE,
R/O: SURKOD -582207
TAL: NARAGUND, DIST: GADAG.
4 SMT. SHARAVVA
W/O. MUTTAYYA HIREMATH,
AGE: 77 YEARS OCC: HOUSEWIFE
R/O: GONNAGAR VILLAGE-591127
TAL: RAMDURGA, DIST:BELAGAVI.
5 SHRI. SHEKHARAYYA
S/O. VEERABHADRAYYA HIREMATH,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: AMARGOL VILLAGE CROSS,
AMARGOL VILLAGE-582208,
TAL: NAVALGUND, DIST: DHARWAD.
6 SHRI. RUDRAYYA
S/O. VEERABHDRAYYA HIREMATH,
AGE: 64 YEARS,
R/O: AMARGOL VILLAGE CROSS,
AMARGOL VILLAGE-582208,
TAL: NAVALGUND, DIST: DHARWAD.
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CRP No. 100067 of 2023
7 SHRI. IRAYYA
S/O. VEERABHDRAYYA HIREMATH,
AGE: 62 YEARS,
R/O: AMARGOL VILLAGE CROSS,
AMARGOL VILLAGE-582208,
TAL: NAVALGUND,
DIST: DHARWAD.
8 SMT. IRAVVA LINGAYYA SHASTRI HIREMATH,
AGE: 79 YEARS OCC: HOUSEHOLD,
R/O: HIREVANKALAKUNTI
VILLAGE-583236, TAL:YALBURGA,
DIST: GULBARGA.
SMT. RACHAVVA
W/O. SANGANABASAYYA AMARGOL HIREMATH,
SINCE DECEASED BY HER LR'S
9 SHRI. GURUPADAYYA
S/O. SANGANABASAYYA HIREMATHA
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: AMARGOL VILLAGE CROSS,
AMARGOL VILLAGE-582208,
TAL:NAVALGUND, DIST: DHARWAD.
10 RUDRAYYA
S/O. SANGANABASAYYA HIREMATHA,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: AMARGOL VILLAGE CROSS,
AMARGOL VILLAGE - 582208,
TAL:NAVALGUND, DIST: DHARWAD.
11 SHRI. SHARANAYYA
S/O. PANCHAKSHARAYYA HIREMATH,
AGE: 60 YEARS, OCC: GOVT SERVICE,
R/O: GOVT HOSPTIAL,
GANGAVATI-583227
DIST: KOPPALA.
12 SHRI. SHANTAYYA
S/O. SANGANABASAYYA HIREMATH,
AGE: 53 YEARS OCC: PRIVATE SERVICE,
R/O: KENCHANAGOUDRA ONI,
UNAKAL, HUBBALLI-580031,
DIST: DHARWAD.
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CRP No. 100067 of 2023
13 SMT. GURAMMA
W/O. SHIVAPUTRAYYA HIREMATH,
AGE: 75 YEARS, OCC: HOUSEWIFE,
R/O: SANGALA VILLAGE-591127.
TAL: RAMDURGA DIST: BELAGAVI.
14 SMT. PARAMMA
D/O. SANGANABASAYYA HIREMATH,
AGE: 59 YEARS, OCC: HOUSEWIFE,
R/O: ACHCHAVVANA COLONY,
UNAKAL HUBBALLI-580031,
DIST: DHARWAD.
15 SMT. SHIVAGANGAWWA
W/O. PANCHAXARAYYA SHASTRI HIREMATH,
AGE: 83 YEARS, OCC: HOUSEHOLD,
R/O: MUJARE KODIKOPPA,
NAREGALLA -582233,
TAL:RON DIST: GADAG.
16 SHRI. BASAVARAJ
S/O. PALAXAYYA AMARGOL HIREMATH,
AGE 76 YEARS, OCC. NIL,
R/O H.NO. 19/17
LOHIYA NAGAR, HUBBALLI 580030
DIST. DHARWAD.
...RESPONDENTS
(BY SRI. DAYANAND M BANDI, ADVOCATE FOR R1;
R2 - R16 - NOTICE IS DISPENSED WITH)
------
THIS CRP IS FILED UNDER SEC.115 OF CPC, PRAYING TO
ALLOWED AND THE ORDER DATED 04.03.2023 IN EX.P NO.9/2017
PASSED BY SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS, RON, REJECTING THE APPLICATION UNDER SECTION 47 OF
CIVIL PROCEDURE CODE, MAY PLEASE BE SET ASIDE AND THE
EXECUTING COURT MAY PLEASE BE DIRECTED TO REJECT THE
REPORT SUBMITTED BY THE COURT BAILIFF, IN PURSUANCE OF THE
POSSESSION WARRANT ISSUED BY THE EXECUTING COURT, IN THE
INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRP No. 100067 of 2023
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard Sri.S.M.Patil, learned counsel appearing
for the petitioners and Sri.Dayanand M Bandi, learned
counsel appearing for the respondent No.1.
2. This revision petition is filed under Section 115
of the Code of Civil Procedure1 challenging the order dated
04.03.2023 in Execution Petition No.9/2017 on the file of
the Senior Civil Judge and JMFC, Ron, Gadag.
3. It is contended by the learned counsel
appearing for the petitioners that the Trial Court has
committed an error in dismissing the application filed by
the respondents/petitioners herein under Section 47 of
CPC and he further contended that the decree passed by
the Trial Court is not executable one and accordingly
sought for interference of this Court.
4. Per contra, Sri.Dayanand M Bandi, learned
counsel appearing for the respondents submitted that the
Hereinafter referred to as 'CPC'
NC: 2025:KHC-D:1097
decree before the Executing Court has reached finality in
view of the judgment and decree passed by this Court in
RSA No.5115/2010 and thereafter the petitioners herein
have filed O.S.No.83/2018 and same came to be
dismissed against which RFA No.100155/2021 is pending
consideration before this Court and accordingly sought for
dismissal of the petition.
5. Having heard the learned counsel appearing for
the parties, it is not in dispute that the respondents herein
have filed suit in O.S.No.71/1981 seeking relief of
declaration and injunction and also sought for recovery of
possession which came to be decreed by the Trial Court by
judgment and decree dated 17.08.1984 (Annexure-B),
against which the petitioners herein have preferred
R.A.No.3/2004 and the said appeal came to be dismissed
and thereafter the petitioners herein have preferred RSA
No.5115/2010 which also came to be dismissed by this
Court and accordingly the judgment and decree passed by
the Trial Court has reached finality. Thereafter, the
NC: 2025:KHC-D:1097
plaintiffs have filed Execution Petition No.9/2017 and
perusal of the order sheet in Execution Petition No.9/2017
makes it clear that the possession of the suit schedule
property has been handed over to the decree
holders/plaintiffs/respondents herein.
6. It is also to be noted that the petitioners herein
have filed O.S.No.83/2018 seeking relief of declaration
which came to be dismissed by the Trial Court on
27.08.2021 and being aggrieved by the same, the
petitioners herein have preferred RFA No.100155/2021
which is pending consideration before this Court. Taking
into consideration the finding recorded by the Trial Court
and also the declaration of law made by the Hon'ble
Supreme Court in the case of State of Punjab and
Others vs. Mohinder Singh Randhawa and
Another reported in AIR 1992 SC 473, I am of the view
that in the absence of challenge to the decree and further
the judgment and decree passed by the Trial Court in
O.S.No.71/1981 has reached finality in RSA No.5115/2010
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dated 06.01.2016 (Annexure-G) and therefore I am of the
view that no interference is called for in this petition,
wherein this Court is having limited scope to interfere
under Section 115 of the CPC. Hence, the petition is
dismissed.
Sd/-
(E.S.INDIRESH)
JUDGE
SH
CT:ANB
