Karnataka High Court
Abdul Qayyum vs Shabana Begum on 12 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2342
WP No. 203208 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 203208 OF 2024 (GM-CPC)
BETWEEN:
ABDUL QAYYUM
S/O ZAHEERUDDIN INAMDAR,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O H.NO. 3-5-26 ASAR MOHALLA,
YADAGIRI-585201.
...PETITIONER
(BY SRI. LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1. SHABANA BEGUM
Digitally signed W/O MOHD. SHAFIUDDIN,
by SACHIN AGE: 53 YEARS, OCC: BUSINESS,
Location: HIGH R/O HONGUNTA VILLAGE, TQ. CHITTAPUR,
COURT OF
KARNATAKA DIST. KALABURAGI-585225,
NOW RESIDING AT NEAR ABBUBAKAR MASJID,
JEWARAGI ROAD SHAHABAD-585228.
2. MAHEMOOD PATEL S/O IMAM PATEL,
AGE: MAJOR, OCC: PRIVATE WORK,
R/O CHILLI MACHINE HONGUNTA VILLAGE,
TQ. SHAHABAD, DIST. KALABURAGI.
...RESPONDENTS
(BY SMT. HEMA L. KULAKARNI. ,ADVOCATE FOR R1;
MISS. SUMAN S. SIDHAPURKAR, ADVOCATE FOR R2;
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NC: 2026:KHC-K:2342
WP No. 203208 of 2024
HC-KAR
VIDE ORDER DTD. 11.03.2026, R2 IS IMPLEADED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE WRIT
IN THE NATURE OF CERTIORARI AND (a) QUASH THE ENTIRE
PROCEEDINGS IN EXECUTION PETITION NO.39/2023 FILED
UNDER ORDER 21 RULE 11 CPC, WHICH IS PENDING ON THE
FILE OF SENIOR CIVIL JUDGE AND JMFC VIDE ANNEXURE-C.
(b) ISSUE ANY OTHER DIRECTIONS TO THE RESPONDENTS AS
THIS HON'BLE COURT DEEMS FIT UNDER THE FACTS AND
CIRCUMSTANCES OF CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India is filed with a prayer to quash the entire proceedings in Execution Petition No.39/2023 pending before the Court of Senior Civil Judge and JMFC Court, at Chittapur, vide Annexure-C.
2. Heard the learned counsel for the parties.
3. The respondent No.1 herein had filed O.S.No.19/2019 against the petitioner seeking relief of recovery of money. The said suit was decreed on 07.12.2022 -3- NC: 2026:KHC-K:2342 WP No. 203208 of 2024 HC-KAR and it appears that, the Judgment and decree passed in O.S.No.19/2019 has attained finality. Execution Petition No.39/2023 was filed by the Decree Holder in O.S.No.19/2019 and in the said proceedings, immoveable property of the petitioner was brought for sale and respondent No.2 herein is the successful bidder in the Court sale, for a sum of Rs.9,74,000/-. Vide order dated 28.10.2024, the Court sale was accepted and the respondent No.2 was directed to deposit the entire bid amount by the next date of hearing and the matter was posted for confirmation of sale. It is under the said circumstances, the petitioner had approached this Court in this writ petition.
4. This Court on 22.11.2024 while issuing emergent notice to the respondents had stayed further proceedings in E.P.No.39/2023 subject to the petitioner depositing a sum of Rs.9,74,000/- on or before 12.12.2024.
5. Learned counsel for the petitioner has submitted that, the aforesaid interim order has been complied and the -4- NC: 2026:KHC-K:2342 WP No. 203208 of 2024 HC-KAR entire amount of Rs.9,74,000/- as directed by this Court, has been deposited by him.
6. Learned counsel for the respondent No.2 submits that, the successful bidder also has deposited the entire bid amount of Rs.9,74,000/- before the Executing Court and if the prayer made in this writ petition is granted, the respondent No.2 will be put to hardship.
7. Order 21 Rule 89 of CPC, reads as follows:
89. (1) Where immovable property has been sold in execution of a decree, the judgment-debtor or any person deriving title from the judgment-debtor or any person holding an interest in the property or whose interests are in the opinion of the Court substantially affected by the sale may apply to have the sale set aside on his depositing in Court-
(a) for payment to the purchaser a sum equal to 5 percent of the purchase money; and
(b) for payment to the decree-holder the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, less any amount which may, since the date of that proclamation of sale, have been paid or deposited towards satisfaction of the decree:
Provided that where the immoveable property sold is liable to discharge a portion only of the decree debt, the payment under clause (b) of this sub-rule need not exceed such amount as under the decree the owner of the property sold is liable to pay.-5-
NC: 2026:KHC-K:2342 WP No. 203208 of 2024 HC-KAR (2) Where as person applied under Rule 90 to set aside the sale of his immovable property, he shall not, unless he withdraws his application, be entitled to make or prosecute application under this rule.
(3) Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in respect of costs and interest nor covered by the proclamation of sale.
8. From the reading of the aforesaid, it is apparent that, the successful bidder is entitled for 5% of the bid amount, in the event, the sale is set aside on deposit by the Judgment debtor. In the case on hand, the respondent No.1/decree holder is totally entitled for an amount of Rs.9,46,480/- towards full and final settlement of the decree passed in O.S.No.19/2019.
9. The petitioner has today deposited before this Court, a sum of Rs.21,200/- and thereby he has totally deposited a sum of Rs.9,95,200/- before this Court. Out of the aforesaid amount, the respondent No.1 - Decree holder is entitled for a sum of Rs.9,46,600/- and the balance amount of Rs.48,700/- shall be paid to the respondent No.2/successful bidder towards 5% of the bid amount as provided under Order 21 Rule 89 of CPC. -6-
NC: 2026:KHC-K:2342 WP No. 203208 of 2024 HC-KAR
10. In addition to the aforesaid amount, the respondent No.2 is also entitled to withdraw the amount of Rs.9,74,000/- deposited by him before the Executing Court in Execution Petition No.39/2023. Accordingly, the following:
ORDER
(i) The writ petition is allowed;
(ii) The entire proceedings before the Trial Court in Execution Petition No.39/2023 stands quashed;
(iii) Respondent No.1 is permitted to withdraw a sum of Rs.9,46,600/- out of the amount of Rs.9,95,200/-
deposited by the petitioner before this Court and the balance amount of Rs.48,700/- available before this Court is permitted to be withdrawn by the respondent No.2;
(iv) The bid amount of Rs.9,74,000/- deposited by the respondent No.2 before the Executing Court shall be refunded to him.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 41