Krishnappa S/O Ramappa Kundaragi vs Manaku S/O Dattu Vanjeri
2025 Latest Caselaw 9262 Kant

Karnataka High Court

Krishnappa S/O Ramappa Kundaragi vs Manaku S/O Dattu Vanjeri on 16 October, 2025

                                                                   -1-
                                                                               NC: 2025:KHC-D:14012
                                                                          WP No. 107607 of 2025


                                         HC-KAR




                                    IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                                       DATED THIS THE 16TH DAY OF OCTOBER, 2025
                                                            BEFORE
                                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                                      WRIT PETITION NO. 107607 OF 2025 (GM-CPC)

                                        BETWEEN:

                                        KRISHNAPPA S/O RAMAPPA KUNDARAGI,
                                        AGE. 39 YEARS, OCC. AGRICULTURE,
                                        R/O. KEMPATTI, TQ. CHIKODI,
                                        DIST. BELAGAVI-591 201.
                                                                                       ... PETITIONER
                                        (BY SRI. RAMESH I. ZIRALI, ADVOCATE)

                                        AND:

                                        1.   MANAKU S/O DATTU VANJERI,
                                             AGE. 50 YEARS, OCC. AGRICULTURE,
                                             R/O. NANDIKURALI, TAL. RAIBAG,
                                             DIST. BELAGAVI-591 317.

                                        2.   MARUTI S/O RAMA CHAMBAR @ MANE,
CHANDRASHEKAR
LAXMAN
              Digitally signed by
              CHANDRASHEKAR
              LAXMAN
              KATTIMANI
              Location: HIGH
                                             AGE. 53 YEARS, OCC. AGRICULTURE,
              COURT OF

                                             R/O. KEMPATTI, TAL. RAIBAG,
KATTIMANI
              KARNATAKA
              DHARWAD BENCH
              Date: 2025.10.18
              07:57:17 +0100



                                             DIST. BELAGAVI-591 317.
                                                                                    ... RESPONDENTS

                                             THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
                                        227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT
                                        OF CERTIORARI AND QUASH THE INITIATION OF EXECUTION
                                        PROCEEDINGS IN E.P. NO.190/2025 ON THE FILE OF PRL. CIVIL
                                        JUDGE AND JMFC, RAIBAG VIDE ANNEXURE-G IN SO FAR AS
                                        PETITIONER IS CONCERNED, TO MEET THE ENDS OF JUSTICE
                                        AND EQUITY.
                                        -2-
                                                       NC: 2025:KHC-D:14012
                                                  WP No. 107607 of 2025


    HC-KAR




     THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

                                ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

Learned counsel to the petitioner submits that the

petitioner is arrayed as judgment debtor No.2 in Execution

Proceeding No.190/2025 on the file of Additional Civil

Judge, Raibag1.

2. Learned counsel for the petitioner further submits

that the petitioner is not a party to the compromise decree

said to have been executed between respondents No.1 and

2. He also submits that the execution petition itself is not

maintainable against the petitioner, as he is not a judgment

debtor.

3. The petitioner can raise these grounds before the

Executing Court. Hence, the writ petition is not entertained

and is accordingly dismissed.

Hereinafter referred to as the 'Executing Court'

NC: 2025:KHC-D:14012

HC-KAR

4. The dismissal of writ petition should not be

construed as an expression of opinion against the

petitioner.

5. The Executing Court shall consider the contentions

urged by both parties and pass appropriate orders.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

PMP CT:BCK