BASAHASAB vs VIRAKTAYYASWAMI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11386
WP No. 204315 of 2026
CNR: KAHC030113592026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204315 OF 2026 (GM-CPC)
BETWEEN:
BASAHASAB
S/O BAWASAB NAIKODI
AGE: 68 YEARS,
OCC: COOLIE
R/O NEAR VEGETABLE MARKET
MUDDEBIHAL TOWN
TQ: MUDDEBIHAL
DIST: VIJAYAPURA-586 212
…PETITIONER
Digitally
signed by
SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. SHIVANAND PATIL., ADVOCATE)
AND:
VIRAKTAYYASWAMI
S/O SHIVABASAVASWAMI
VIRAKTMATH,
DEAD BY HIS LR’S
SIDDARTH S/O MURUGESH @
MURUGHENDRASWAMI VIRAKTMATH
AGE: 24 YEARS
OCC: PEETADHIPATI (PONTIFF)
REP., BY ATTORNEY HOLDER
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HC-KAR
NC: 2026:KHC-K:11386
WP No. 204315 of 2026
CNR: KAHC030113592026
SRI. MURGESH @ MURUGHENDRASWAMY
S/O SHIVABASAVASWAMI VIRKTAMATH
AGE: 64 YEARS,
OCC: BUSSINESS
R/O TALIKOTI TOWN,
TQ: TALIKOTI
DIST: VIJAYAPURA-586 214
…RESPONDENT
(BY SRI.HARSHAVARDHAN R. MALIPATIL FOR CAVEATOR
/RESPONDENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
OF CERTIORARI OR ANY OTHER ORDER OF THE LIKE NATURE
AND QUASH THE IMPUGNED ORDER DATED 26.09.2026 AND
08.10.2026 IN EP NO. 86/2026 OF DISPENSING WITH NOTICE
TO J.DR AND ISSUING OF POSSESSION WARRANT WITH
POLICE PROTECTION BY THE CIVIL JUDGE AND JMFC
MUDDEBIHAL ON AN I.A NO. I AND II AS PER ANNEXURE-E;
B) ISSUE ANY OTHER ORDER DEEMED FIT IN FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-K:11386
WP No. 204315 of 2026
CNR: KAHC030113592026
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This writ petition is filed seeking the following
prayers:
“ a) Issue a writ of CERTIORARI or any other order
of the like nature and quash the impugned order dated
26.09.2026 and 08.10.2026 in E.P.No.86/2026 of
dispensing with notice to J.Dr and issuing of possession
warrant with police protection by the Civil Judge and JMFC
Muddebihal on an IA.No I and II as per ANNEXURE-E;
b) Issue any other order deemed fit in facts and
circumstances of the case. ”
2. Heard learned counsel appearing for the
petitioner, learned counsel appearing for the respondent
and meticulously perused the material on record.
3. The respondent herein had filed a suit in
O.S.No.76/2014 seeking a decree for delivery of
possession against the petitioner herein. The said suit
came to be decreed by judgment and decree dated
04.08.2026.
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HC-KAR
NC: 2026:KHC-K:11386
WP No. 204315 of 2026
CNR: KAHC030113592026
4. It is to be noticed that the petitioner herein, who
was the defendant in the said suit, has preferred an appeal
in R.A.No.30/2026 before the Appellate Court. Admittedly,
the appeal was filed belatedly, along with an application
seeking condonation of delay and an interlocutory
application seeking stay of the impugned judgment and
decree passed by the trial Court. In the meantime, the
respondent - decree-holder initiated execution proceedings
in E.P.No.86/2026. In the said proceedings, the Executing
Court issued a warrant for delivery of possession under the
impugned order.
5. It is further to be noticed that, till the petitioner's
applications seeking for condonation of delay and interim
stay are considered by the Appellate Court, it would not be
appropriate for the Executing Court to proceed further with
the execution proceedings.
6. It is made clear that the petitioner shall prosecute
the appeal and address the arguments on the applications
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HC-KAR
NC: 2026:KHC-K:11386
WP No. 204315 of 2026
CNR: KAHC030113592026
seeking condonation of delay and interim stay without
seeking any unnecessary adjournments. The respondent is
directed to appear before the Appellate Court on the next
date of hearing and is permitted to file objections to the
pending applications within a period of three(3) weeks.
7. Upon filing of the objections, the appellate Court
is directed to consider the applications seeking
condonation of delay and interim stay in R.A.No.60/2026,
pending on the file of the Senior Civil Judge and J.M.F.C.,
Muddebihal.
8. In the meanwhile, the Executing Court is directed
not to proceed with the execution proceedings, till the
Appellate Court passes appropriate orders on the aforesaid
applications.
9. For the aforementioned reasons, I proceed to
pass the following:
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HC-KAR
NC: 2026:KHC-K:11386
WP No. 204315 of 2026
CNR: KAHC030113592026
ORDER
allowed
i) The writ petition is .
ii) The Executing Court is directed not to
proceed further with the execution
proceedings in E.P.No.86/2026, till the
Appellate Court passes appropiraite orders
on the petitioner's applications seeking
condonation of delay and interim stay in
R.A.30/2026.
iii) The Appellate Court is directed to consider
the petitioner's applications seeking
condonation of delay and interim stay in
R.A.30/2026, pending on the file of the
Senior Civil Judge and J.M.F.C.,
Muddebihal, within a period of sixty(60)
days from the date of appearance of the
respondent before it.
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HC-KAR
NC: 2026:KHC-K:11386
WP No. 204315 of 2026
CNR: KAHC030113592026
iv) The respondent is directed to appear before
the Appellate Court on the next date of
hearing and is permitted to file objections
to the pending applications.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
PHM
List No.: 1 Sl No.: 20