Sri Suresh Ramangouda Patil vs Sri Vasant Nana Kamble
2023 Latest Caselaw 5172 Kant

                                                    -1-
                                                            NC: 2023:KHC-D:8126
                                                              WP No. 100788 of 2021




                          IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 2ND DAY OF AUGUST, 2023

                                                  BEFORE

                          THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                               WRIT PETITION NO. 100788 OF 2021 (GM-CPC)

                       BETWEEN:

                       SRI SURESH RAMANGOUDA PATIL,
                       AGE: 57 YEARS, OCC: AGRICULTURE,
                       R/O: BALLIGERI,
                       TQ: ATHANI, DIST: BELAGAVI-591329.
                                                                        ...PETITIONER
                       (BY SRI BAHUBALI N. KANABARGI, ADVOCATE)

                       AND:

                       SRI VASANT NANA KAMBLE,
                       AGE: 69 YEARS, OCC: AGRICULTURE,
                       R/O: ABBIHAL,
                       TQ: ATHANI, DIST: BELAGAVI-591329.
                                                                      ...RESPONDENT
                       (BY SRI H.R. DESHPANDE, ADVOCATE)

                              THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
YASHAVANT
NARAYANKAR             OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
Digitally signed by
YASHAVANT
NARAYANKAR
                       NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
Location: High Court
of Karnataka,
Dharwad
                       ORDER OR DIRECTION AND QUASH THE ORDER DATED 07/07/2018
                       ON IA NO.04 AND TRIAL COURT HAS REISSUE SALE WARRANT AND
                       PROCLAMATION DATED 07-01-2021 IN RESPECT OF ATTACHED
                       PROPERTY SPOT SALE BY 08.02.2021, COURT SALE BY 25.02.2021.
                       PASSED BY THE PRL. SENIOR CIVIL JUDGE, ATHANI IN EP 11/16
                       PRODUCED AT ANNEXURE-E.

                              THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
                       THE COURT MADE THE FOLLOWING:
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                                      NC: 2023:KHC-D:8126
                                           WP No. 100788 of 2021




                           ORDER

The captioned writ petition is filed by the judgment

debtor assailing the sale warrant and sale proclamation

issued by the executing court.

2. Respondent-plaintiff filed a suit for specific

performance of contract. The said suit was contested by the

petitioner who is owner of the land in question. The

executing court on examination of the material on record

though declined to grant main relief, but suit was partly

decreed granting refund of earnest money. Based on the

decree for refund of earnest money, respondent-plaintiff

appears to have filed execution petition seeking recovery of

earnest money. It is born out from the records that

judgment debtor has not contested the application filed by

the decree holder under Order 21 Rule 66 of CPC. Be that as

it may, this court granted interim order thereby staying the

execution proceedings, subject to the petitioner depositing

25% of the amount. The petitioner who had the benefit of an

interim order has not complied the order by depositing 25%

of the earnest money before the executing court. Therefore,

NC: 2023:KHC-D:8126 WP No. 100788 of 2021

material on record clearly indicates that petitioner has no

intention to repay the amount which is now sought to be

executed by way of execution proceedings. Therefore, I am

not inclined to interfere with the order under challenge.

3. The writ petition being devoid of merits stands

dismissed.

Sd/-

JUDGE

MBS