Karnataka High Court
Shri. Shankar S/O Shivappa Belagavi vs Shri. A Venkatesh S/O A Ramachandrappa ... on 26 November, 2025
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NC: 2025:KHC-D:16507
WP No. 101676 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 101676 OF 2023 (GM-CPC)
BETWEEN:
SHRI. SHANKAR S/O SHIVAPPA BELAGAVI,
AGED ABOUT 50 YEARS, OCC. BUSINESS,
R/O. #40, SHIVAGANGA,
VISHVESHWAR NAGAR,
HUBBALLI-580 032.
... PETITIONER
(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)
AND:
SHRI A. VENKATESH
S/O A. RAMACHANDRAPPA,
SINCE DECEASED BY HIS LR'S.,
1. SMT.NAVYA A.V. D/O VENKTESH,
CHANDRASHEKAR
LAXMAN
KATTIMANI
Digitally signed by
AFTER MARRIAGE, SMT.NAVYA
CHANDRASHEKAR LAXMAN
KATTIMANI
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.11.29 11:19:39
+0530
W/O NAVEEN DAIVAGNYA,
AGE. 29 YEARS, OCC. PRIVATE SERVICE,
R/O. C/O.#7, PRIYADARSHINI COLONY,
BEHIND MAHESH COLLEGE,
AKSHAYA PARK, GOKUL ROAD,
HUBBALLI-580 001.
2. SHRI. RAMACHANDRA A.V.,
S/O. A.VENKATESH,
AGE. 28 YEARS, OCC. BUSINESS,
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WP No. 101676 of 2023
HC-KAR
R/O. C/O.#7, PRIYADARSHINI COLONY,
BEHIND MAHESH COLLEGE,
AKSHAYA PARK, GOKUL ROAD,
HUBBALLI-580 001.
3. SMT. S.N. VERNEKAR W/O A. VENKATESH,
AGE. 58 YEARS, OCC. HOUSEHOLD WORK,
R/O. PRIYADARSHINI COLONY,
BEHIND MAHESH COLLEGE,
AKSHAYA PARK, GOKUL ROAD,
HUBBALLI-580 001.
... RESPONDENTS
(BY SMT. NANDINI B. SOMAPUR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDERS
DATED 13.03.2023 PASSED BY THE I ADDL. SENIOR CIVIL
JUDGE AND JMFC, HUBBALLI IN E.P. NO.80/2020 WHICH ARE
PRODUCED AT ANNEXURE-K AND CONSEQUENTLY DISMISS
APPLICATION AT ANNEXURE-D; ISSUE A WRIT OF CERTIORARI
QUASHING THE IMPUGNED ORDERS DATED 13.03.2023 PASSED
BY THE I ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI IN
E.P. NO.80/2020 WHICH ARE PRODUCED AT ANNEXURE-L AND
CONSEQUENTLY ALLOW APPLICATION DATED 24.02.2023
WHICH IS PRODUCED AT ANNEXURE-F, AND ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDERS DATED
13.03.2023 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND
JMFC, HUBBALLI IN E.P. NO.80/2020 WHICH ARE PRODUCED AT
ANNEXURE-M, AND CONSEQUENTLY ALLOW APPLICATION
DATED 24.02.2023 WHICH IS PRODUCED AT ANNEXURE-G.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 101676 of 2023
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
Heard the learned counsel appearing for the petitioner and
the learned counsel appearing for the respondents.
2. The petitioners are assailing three orders dated
13.03.2023 in E.P.No.80/2020 on the file of I Additional Senior
Civil Judge, Hubballi.
3. First order directs civil imprisonment. The second
order rejected the application to attach 1/3rd share of the
amount deposited in O.S.No.238/2016 on the file of III
Additional Senior Civil Judge, Hubballi. The third order rejected
the application to stay the further proceedings in Execution
Petition No.80/2020.
4. The petitioner is judgment debtor in
O.S.No.317/2018, which is a decree for recovery of money.
Admittedly, the petitioner has not paid any amount so far
pursuant to the decree. Hence, the decree holder has filed
execution petition.
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HC-KAR
5. The judgment debtor filed an application before the
Executing Court to attach his 1/3rd share in the amount
deposited in O.S.No.238/2016. That application is unfortunately
opposed by the decree holders.
6. The Executing Court has rejected the application on
the ground that the title of the judgment debtor is not
established in respect to the amount deposited.
7. Learned counsel for the petitioner would submit that
suit is filed by his two sisters claiming 1/3rd share each and as
such, he is having admittedly 1/3rd share and the order could
have been passed to attach his 1/3rd share and to transfer the
amount in favour of the decree holders.
8. It is to be noticed that before the Executing Court,
the petitioner's sisters are not parties.
9. Under these circumstances, the Court is of the view
that the Executing Court shall issue notice to the petitioner's
sisters to ascertain as to whether the petitioner's sisters have
any claim over 1/3rd share of the petitioner.
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HC-KAR
10. To that extent, the order is set aside and the
direction issued to the petitioner or Executing Court to issue
notice to the petitioner's two sisters who are the plaintiffs in
O.S.No.238/2016 on the file of III Additional Senior Civil Judge,
Hubballi and as far as the order directing civil imprisonment is
concerned, it is noticed that no enquiry is held and since the
petitioner is submitting that his 1/3rd share in the amount said to
have been deposited before the III Additional Senior Civil Judge,
Hubballi in O.S.No.238/2016 be transferred to the decree
holders, the Court does not find that it is a case of willful default
at this stage as such, the order directing arrest is set aside.
11. However, the liberty is reserved to the decree holder
to file an application for arrest at an appropriate stage.
12. As far as application to stay the proceeding is
concerned, the Court does not find any reason to stay the
execution proceeding. Accordingly, the said order is confirmed.
Hence, the following:
ORDER
i. Writ petition is allowed.
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HC-KAR
ii. Impugned orders dated 13.03.2023 rejecting
the petitioner's application under Order XXI Rule
52 of the Code of Civil Procedure is set aside
and said application shall be considered after
show-cause notice to the petitioner's sisters who
are the plaintiffs in O.S.No.238/2016.
iii. Order dated 13.03.2013 on the file of I
Additional Senior Civil Judge, Hubballi to arrest
the judgment debtor is set aside.
iv. The order dated 13.03.2013 on the application
seeking stay of the proceeding is confirmed.
v. The subsistence allowance said to have been
paid by the decree holder shall be released in
favour of the decree holder.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
CLK
CT:BCK
