[Cites 2, Cited by 0]
Karnataka High Court
Abdul Qayyum vs Shabana Begum on 12 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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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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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
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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
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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.
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(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.
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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
