C. M. Sathish vs Mayanamada A. Pemmaiah on 17 February, 2026

                                       NC: 2026:KHC:9637
                                   WP No. 55626 of 2017


HC-KAR




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 17THDAY OF FEBRUARY, 2026

                          BEFORE

      THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

         WRIT PETITION NO. 55626 OF 2017 (GM-CPC)

BETWEEN:

1.    C. M. SATHISH
      S/O LATE C.C. MADAPPA,
      AGED 54 YEARS
      R/AT SARASWATHY NILAYA,
      T. SHETTIGERI VILLAGE,
      SRIMANGAL NAD,
      VIRAJPET TALUK,
      KODAGU DISTRICT.

2.    K.P VINODH
      S/O LATE K.B. PRABHAKAR,
      AGED 36 YEASR
      PRABHA STORES,
      SRIMANGALA,
      VIRAJPET TLAUK,
      KODAGU DISTRICT.

3.    M.P KUNJAPPA
      S/O LATE POOVAIAH M.K,
      AGED 41 YEARS
      R/AT T.SHETTIGERI VILLAGE,
      SRIMANGALA NAD,
      VIRAJPET TALUK,
      SOUTH KODAGU.

4.    M P NAVEEN
      SINCE DEAD BY LRS
      4(a) LATA NAVEEN,
      W/O LATE M.P.NAVEEN




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     AGED 41 YEARS

     4(b) M.N. KIRTHI
     D/O LATE M.P. NAVEEN
     AGED 18 YEARS

     4(c) BRINDA M.N
     D/O LATE M.P. NAVEEN
     AGED 16 YEARS

     4(d) AIYAPPA M.N
     S/O LATE M.P. NAVEEN
     AGED 11 YEARS
     SINCE 4(c) & 4(d) ARE MINORS
     ARE REPRESENTED BY THEIR MOTHER AND
     NATURAL GUARDIAN
     LATE NAVEEN, W/O LATE M.P. NAVEEN.

     4(e) M.P. KAVERAMMA
     W/O LATE MACHAMADA A PEMMAIAH
     AGED 74 YEARS
     4(a) TO 4(e) ARE RESIDING AT
     SRIMANGALA VILLAGE & POST,
     VIRAJPET TALUK,
     KODAGU DISTRICT.
                                           ...PETITIONERS
(BY SMT. P.C. VINITHA FOR
    SRI. T.A. KARUMBAIAH, ADVOCATE)

AND:

1.   MAYANAMADA A. PEMMAIAH
     SINCE DEAD BY HIS LRS

     1(A) MAYANAMADA P SUMATHI @ SUMATHI
     W/O LATE MAYANAMADA A PEMMAIAH,
     AGED 78 YEARS,
     R/AT T.SHETTIGERI VILLAGE
     VIRAJPET TALUK,
     KODAGU DISTRICT.




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     1(B) MAYANAMADA DORE @
     MAYANAMADA P GANAPATHY
     S/O LATE M.A PEMMAIAH
     AGED 58 YEARS
     R/AT T. SHETTIGERI VILLAGE
     VIRAJPET TALUK,
     KODAGU DISTRICT.

     1(C) CHANGULANDA SUSHEELA @
     MAYANAMADA P PARVATHI
     D/O LATE M.A. PEMMAIAH
     W/O LATE CHANGULANDA SADHA(BOPANNA)
     AGED ABOUT 62 YEARS,
     HUDIGERI VILLAGE & POST
     PONNAMPET TALUK
     KODAGU.

     1(D) B.N. RANI @
     MAYANAMADA P LEELAVATHI
     AGED ABOUT 57 YEARS,
     D/O LATE M.A. PEMMAIAH
     W/O B.N.NANAIAH
     R/AT THERALU VILLAGE
     PONNAPET TALUK
     KODAGU DISTRICT.

     1(E) MAYANAMADA P REKHA @ THITHIRA REKHA
     D/O LATE M.A. PEMMAIAH
     W/O THITHIRA C VASANTHA
     AGED ABOUT 52 YEARS,
     PROFESSOR, CAUVERY COLLEGE,
     GONIKOPPAL, VIRAJPET TALUK,
     SOUTH KODAGU.

     1(F) CHANDURA ROOPA @
     MAYANAMADA P ROOPA
     D/O LATE M.A. PEMMAIAH
     W/O CHANDURA ASHOK KUTTAPPA,
     AGED ABOUT 44 YEARS,
     R/AT MANJUNATHA BADAVANE,




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     TAMPANA COLD STORAGE
     MAIN ROAD, HUNSUR.

     1(G) ICHETTIRA SHEELA @
     MAYANAMADA P REENA
     D/O LATE M.A PEMMAIAH,
     W/O ICHETTIRA MAHESH
     AGED ABOUT 43 YEARS,
     R/AT NITTUR VILLAGE, KARMAD POST,
     PONNAMPET TALUK, KODAGU DISTRICT.

2.   PUGGERA C BOJAMMA @ RAVATHI
     W/O PUGGERA CHENGAPPA,
     AGED ABOUT 60 YEARS
     R/AT SRIMANGALA TOWN & NAD,
     VIRAJPET TALUK, KODAGU DISTRICT.

3.   MANDAMANE @ MANDAMADA K RAJAPPA
     S/O LATE KARIAPPA
     AGED ABOUT 58 YEARS
     R/AT T. SHETTIGERI VILLAGE,
     SRIMANGALA NAD,
     VIRAJPET TALUK,
     KODAGU DISTRICT.

4.   MANDAMADA THEJAPPA
     S/O LATE KARIAPPA,
     AGED ABOUT 56 YEARS
     R/AT T.SHETTIGERI VILLAGE,
     SRIMANGALA NAD,
     VIRAJPET TALUK,
     KODAGU DISTRICT.

5.   MANDAMANE @ MANDAMADA
     JANAKI W/O LATE KARIAPPA,
     AGED ABOUT 85 YEARS

6.   MANDAMANE @ MANDAMADA KAVERAMMA
     W/O LATE AIYAPPA
     AGED ABOUT 85 YEARS




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7.   MANDAMANE @ MANDAMADA DEVAIAH
     S/O LATE AIYAPPA IS
     DEAD AND HIS L.R. IS ALREADY
     ON RECORD AS J.DR.4
     SMT.M.K.JANAKI,

8.   MANDAMANE @ MANDAMADE
     BELLIAPPA @ GANESH,
     S/O LATE AIYAPPA,
     AGED ABOUT 68 YEARS

9.   MANDAMANE @ MANDAMADA
     BOPAIAH S/O LATE KALAIAH,
     AGED ABOUT 70 YEARS

10. MANDAMANE @ MANDAMADA SOMAIAH
    S/O LATE AIYAPPA,
    AGED ABOUT 66 YEARS

11. MANDAMANE @ MANDAMADA MARI
    @ POOVAIAH
    S/O LATE KALAIAH
    SINCE DECEASED BY LRS,
    MANDAMADA RENU,
    S/O.LATE MANDAMADA MARI @ POVAIAH
    AGED 56 YEARS,
    R/AT T. SHETTIGERI VILLAGE AND POST,
    VIRAJPET TALUK, KODAGU.

12. MANDAMANE @ MANDAMADA JAJI
    @ THIMMAIAH S/O LATE PONNAPPA,
    AGED 60 YEARS
    VIRAJPET TALUK, KODAGU
    NOTE: RESPONDENTS 2 TO 9 ARE RESIDENTS
    OF SRIMANGALA TOWN
    VIRAJPET TALUK, KODAGU

13. KADYMADA P NANJAPPA (NANJA)
    AGED 66 YEARS
    PLANTER BHAVANI LIQUOR STORES
    GONIKOPPAL,




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    KODAGU DISTRICT.
14. KATTERA K UTHAIAH @ JAJI
    S/O NANJAPPA, 66 YEARS
    KALI TRADERS, SRIMANGALA TOWN,
    VIRAJPET TALUK, KODAGU DISTRICT.

15. MARIRA N RAJA
    S/O NANJAPPA, 55 YEARS
    NEMALE VILLAGE,
    SRIMANGALA NAD,
    VIRAJPET TALUK,
    KODAGU DISTRICT.

16. MACHAMADA S UTHAIAH @ MANI
    S/O MADAIAH, 66 YEARS
    THAVALAGERI VILLAGE
    VIRAJPET TALUK,
    KODAGU DISTRICT.

17. MAYAMADA M POONACHA
    S/O MANDAIAH, 66 YEARS
    R/AT T SHETTIGERI VILLAGE,
    VIRAJPET TALUK,
    KODAGU DISTRICT.

18. CHONIRA M SOMAIAH
    AGED 80 YEARS
    RATHNA CLOTH STORES
    T. SRIMANGALA TOWN AND POST,
    VIRAJPET TALUK,
    KODAGU DISTRICT.

19. A L PRABHAKAR
    AGED 70 YEARS
    MERCHANT,
    SRIMANGALA TOWN,
    VIRAJPET TALUK,
    KODAGU DISTRICT.

20. MACHAMADA P PEMMAIAH
    @ APPACHU, S/O PONNAPPA,




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     AGED 70 YEARS
     SRIMANGALA TOWN,
     VIRAJPET TALUK,
     KODAGU DISTRICT.

21. MANDAMADA A JANAKI
    S/O AIYAPPA, 62 YEARS
    R/AT T SHETTIGERI VILLAGE,
    VIRAJPET TALUK,
    KODAGU DISTRICT.

22. SHIVACHANDRA NANJAMMA
    W/O LATE MALLAPPA,
    MAJOR, T SHETTIGERI VILALE,
    VIRAJPET TALUK,
    KODAGU DISTRICT.

23. C C MADAPPA
    FATHER'S NAME NOT KNOWN,
    MAJOR, T.SHETTIGARI VILLAGE,
    VIRAJPET TALUK,
    KODAGU DISTRICT.

24. KARIBULIRA THIMMAIAH
    S/O LATE KULLAPPA,
    MAJOR,
    T .SHETTIGERI VILLAGE,
    VIRAMPET TALUK,
    KODAGU DISTRICT.

25. KATTERA ACHAPPA
    FATHER'S NAME NOT KNOWN,
    MAJOR, T. SHETTIGERI VILLAGE
    VIRAJPET TALUK,
    KODAGU DISTRICT.

26. K.C BHEEMAIAH
    FATHER NAME NOT KNOWN,
    T.SHETTEGERI VILALGE,
    VIRAJPET TALUK,
    KODAGU DISTRICT.




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27. K.A UTHAPPA
    FATHER'S NAME NOT KNOWN,
    T. SHETTEGERI VILLAGE,
    VIRAJPET TALUK,
    KODAGU DISTRICT.

28. K.B SUMAN
    S/O K.G. BELLIAPPA, 48 YEARS
    R/AT BHAVANI NILAYA,
    KRC ROAD, GONIKOPPAL,
    KODAGU DISTRICT.
                                            ...RESPONDENTS

(BY MS. VEENA T.N, ADVOCATE FOR R1(A) TO (G)
    SRI. SACHIN B.S, ADVOCATE FOR R3 & R18,
    SMT. P.C. VINITHA, ADVOCATE FOR R4(A) TO (C)
    NOTICE TO R16 & R24 IS HELD SUFFICIENT
    VIDE ORDER DATED 27.11.2018,
    NOTICE TO R9, R12, R20, R21, R25 & R26 IS
    HELD SUFFICIENT
    VIDE ORDER DATED 01.08.2019
    NOTICE TO R6, R7, R11, R19, R22 & R23 IS
    DISPENSED WITH
    VIDE ORDER DATED 06.03.2021
    R2, R4, R5, R8, R10, R13, R14, R15, R17, R18, R27 & R28
    ARE SERVED & UNREPRESENTED)

     THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-F
THE DELIVERY WARRANT DTD 28.10.2017 PASED BY THE
SENIOR CIVIL JUDGE VIRAJPET IN EX NO.59/2011 INSOFAR AS
IT RELATES TO THE PROPERTY OF PETITIONER NO.1 AT SL
NO.11 MEASURING 45 CENTS IN SY NO.193/1, P-2 AT SL
NO.12 MEASURING 25 CENTS IN SY NO.193/1 P-3 AT SL NO.15
& 18 MEASURING 1.16 ACRES IN SY NO.193/7 AND EXTENT OF
4 ACRES IN SY NO.193/1 INSOFAR AS P-4 IN SL NO.19 IS
CONCERNED AN EXTENT OF 3.32 ACRES IN SY NO.193/1 AND
75 CENTS IN SY NO.193/1 OF THE COMMISSIONER REPORT.
DIRECT THE EXECUTIVE COURT TO APPOINT A NEW
COMMISSIONER.




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HC-KAR




     THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

                            ORAL ORDER

1. This Court, had after briefly hearing the parties on

the last date of hearing passed the following directions:

"1.The present petition seeks to challenge an order dated 28.10.2017 passed in Ex.No.59/2011 by the learned Senior Civil Judge & JMFC, Virajpet [hereinafter referred to as the "Impugned Order"]. By the Impugned Order, a warrant has been issued by the learned Executing Court.

2.Learned counsel for the petitioners submits that the warrants have been issued against a dead person namely, Mr.C.C.Madappa-Judgment Debtor No.22.

3.The record reflects that this Court by an order dated 15.12.2017 has directed a stay of proceedings on the statement of the counsel for the respondent No.1 that "he will not precipitate further". The order has continued as is since then.

4.Learned counsel for the petitioners submits that she has also filed an application before the Trial Court setting out those very contentions that she has raised before this Court. She requests for a day's time to place the application on record.