SRI PATTADA SRI PARVATHARAJA v. S A VEERABADRAIAH

BETWEEN: SRI PATTADA SRI PARVATHARAJA SHIVACHARYA SWAMIGALU SINCE DECEASED REP. BY HIS LEGAL HEIR. PATTADA SRI GURUNANJESHWARA SHIVACHARYA SWAMIGALU AGED ABOUT 41 YEARS PEETADIPATHI, HUNASAMARANAHALLI SAMASTHAN MUTT, JALAHOBLI HUNASAMARANAHALLI VILLAGE (PRESENTLY YELAHANKA TALUK) BENGALURU-562157 BENGALURU NORTH TALUK (BY SRI. VENUGOPALA M S., ADVOCATE) …PETITIONER DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA AND:

1. S A VEERABADRAIAH S/O AIYYANNAPPA SINCE DECEASED REP. BY HIS LEGAL HEIRS

1.A S.V.ARUN KUMAR S/O S.A. VEERABHADRAIAH AGED ABOUT 40 YEARS

1.B. S.V. NAVEEN KUMAR S/O S.A. VEERABHADRAIAH AGED ABOUT 33 YEARS ALL ARE R/AT HUNSAMARANAHALLI VILLAGE AND POST, JALAHOBLI, SYELAHANKA TALUK BENGALORE NORTH-562127. …RESPONDENTS - 2 - NC: 2026:KHC:21733 WP No. 12494 of 2026 HC-KAR THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION, DIRECTING THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI TO DISPOSE THE EXECUTION PETITION 18/2024 AS EXPEDITIOUSLY AS POSSIBLE WITHIN OUTER LIMIT OF 2 MONTHS COPY WHICH IS PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

In this writ petition, the petitioner-Decree Holder has ORAL ORDER sought the following reliefs:

i. Issue a direction, directing the Senior Civil Judge & JMFC, Devanahalli to dispose the Execution Petition 18/2024 as expeditiously as possible within outer limit of 2 months. Copy which is produced at Annexure A. ii. Pass any such orders or directions which this Hon’ble court deems facts and circumstances of this case, in the interest of justice.

For the sake of convenience, the parties are referred to as per their ranking before the Senior Civil Judge and JMFC, Devanahalli (hereinafter referred to as ‘Executing Court’ for short). - 3 - NC: 2026:KHC:21733 WP No. 12494 of 2026 HC-KAR

The plaintiff (petitioner herein) filed a suit in O.S.No.51/2007 before the Trial Court seeking reliefs of declaration, possession and damages. The suit came to be decreed by judgment and decree dated 17.01.2015. The same has been confirmed by this Court in RSA Nos.1000/2016 c/w 1001/2016 on 27.11.2023. The SLP filed by the defendants has also been dismissed by order dated 12.07.2024. Thereafter, the petitioner filed an execution petition in Ex.No.18/2024. The Executing Court by order dated 21.10.2024 issued a warrant for delivery of possession of the property to the Decree Holder. Thereafter, for one reason or another, the matter has been adjourned, and no order has been passed in the execution petition. Therefore, the petitioner has sought early disposal of the said execution petition.

Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of - 4 - NC: 2026:KHC:21733 WP No. 12494 of 2026 HC-KAR the writ petition with a direction to the Trial Court to dispose of the execution petition as expeditiously as possible.