Karnataka High Court
Smt. Lakshmi T W/O G Tayappa vs B K Ramalingappa Since Dead By His Lrs on 21 November, 2025
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NC: 2025:KHC-D:16076
WP No. 105416 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 21ST DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 105416 OF 2025 (GM-CPC)
BETWEEN:
SMT. LAKSHMI T. W/O G. TAYAPPA,
AGED ABOUT 63 YEARS, AGRICULTURIST,
R/O. 19TH WARD, MEDAR ROAD,
KURUBARA ONI, HOSAPETE TOWN,
DIST. VIJAYANAGARA-583 201.
... PETITIONER
(BY SRI. T. HANUMAREDDY, ADVOCATE)
AND:
B.K. RAMALINGAPPA,
SINCE DEAD BY HIS LR'S.,
Digitally signed by 1. SMT. JAYALAKSHMI
CHANDRASHEKAR
LAXMAN
KATTIMANI
W/O. LATE B.K. RAMALINGAPPA,
Location: HIGH
COURT OF
AGED ABOUT 71 YEARS,
KARNATAKA
DHARWAD BENCH
Date: 2025.11.25
11:59:11 +0530 2. K. GANESHMURTHY
S/O. LATE B.K. RAMALINGAPPA,
AGED ABOUT 43 YEARS,
3. K. SAIKUMAR
S/O. LATE B.K. RAMALINGAPPA,
AGED ABOUT 39 YEARS,
ALL ARE AGRICULTURISTS,
R/O. BELGODUHAL VILLAGE,
NEAR KAMPLI, HOSAPETE TALUK-583 201.
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HC-KAR
SRI. KAAKARLA GOPAL,
DEAD BY LR'S.,
4. K. NAGARATNAMMA
W/O. LATE SRI. K. GOPAL,
AGED ABOUT 71 YEARS,
R/O. WARD NO.4/6TH,
9TH CROSS, VINAYAKA NAGARA,
NELLUDIKOTTAL, MUDDAPUR NO.10,
KAMPLI, HOSAPETE TALUK,
DIST. BALLARI-583 132.
5. K. RAMAKRISHNA
S/O. SRI. LATE K. GOPAL,
AGED ABOUT 52 YEARS,
R/O. WARD NO.7,
KAMPLI-KOTTAL,
MUDDAPUR NO.10,
KAMPLI, HOSAPETE TALUK,
DIST. BALLARI-583 132.
... RESPONDENTS
( NOTICE TO R1 TO R5 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE
IMPUGNED ORDER DATED 23/06/2025 AS PASSED BY THE
LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C.,
HOSAPETE IN E.P. NO.54/2017 ON IA NO.6 PRODUCED AT
ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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WP No. 105416 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
This petition is filed under Articles 226 and 227 of the
Constitution of India by the petitioner assailing the order dated
23.06.2025 passed on I.A.No.VI filed under Order XXI Rules 96
to 101 of the Code of Civil Procedure, 19081, in Execution
Petition No.54/2017 on the file of Principal Senior Civil Judge,
Hosapete.
2. Learned counsel appearing for the petitioner submits
that the petitioner's application under Order XXI Rules 96 to 101
of the Code filed in E.P.No.54/2017 is not considered on merits
and it is rejected without holding any inquiry.
3. It is the submission of the learned counsel appearing
for the petitioner that the petition property originally belonged to
her father, K. Lingappa, who died intestate. Upon his death, the
property was inherited by the petitioner, her mother, and her
brother. It is further submitted that the petitioner's brother
without her knowledge, had his name entered in the property
records and, again without her knowledge, executed an
For short, 'Code'
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agreement for sale in favour of one Kaakarla Gopal. The present
respondents No.4 and 5 are the legal representatives of the said
Kaakarla Gopal.
4. It is submitted that Kaakarla Gopal filed a suit for
specific performance, which was decreed. The appeal filed
against the said judgment and decree was dismissed.
5. The petitioner came to know about the alleged
agreement of sale and the consequent decree only when the
execution petition was filed. The petitioner then moved an
application asserting her claim that she holds a 1/3rd undivided
share in the property, and same was rejected on the premise
that the petitioner had not produced any records to establish her
independent right over the property.
6. Learned counsel for the petitioner would fairly submit
that no such record was produced before the Trial Court.
However, records are produced before this Court. Attention of
the Court is invited to the record of rights pertaining to
Sy.No.39B of Kampli village. The record of rights would reveal
the name of K. Lingappa in the year 1967-68. It is noticed from
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the property records placed before the Court that, at one point of
time, property stood in the name of the petitioner's father. That
gives an indication that the petitioner might have acquired right
over the property after the demise of her father.
7. On what basis, the name of K. Ramalingappa, the
petitioner's brother, is entered in the property records is not
forthcoming.
8. Under these circumstances, the matter requires
reconsideration by the Trial Court.
9. Hence the following:
ORDER
a) The writ petition is allowed.
b) The order dated 23.06.2025 passed on
I.A.No.VI filed under Order XXI Rules 96 to
101 of the Code of Civil Procedure, 1908, in
Execution Petition No.54/2017 on the file of
Principal Senior Civil Judge, Hosapete, is set
aside.
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c) The matter is remitted to the Trial Court to
hold fresh inquiry relating to the petitioner's
claim.
d) The petitioner shall produce all the records in
support of her claim.
e) The Trial Court shall also offer an opportunity
to all parties before the Court to lead the
evidence. Thereafter, there has to be an
appropriate order.
f) Till the adjudication is complete, the Sale
Deed shall not be executed in favour of the
decree holder.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
PMP
CT:BCK
