- 1 - HC-KAR NC: 2025:KHC-K:3078 WP No. 201145 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201145 OF 2025 (GM-CPC) BETWEEN: LINGAPPA S/O MUDUKAPPA DALAPATHI, AGE: 45 YEARS, OCC: BUSINESS, R/O.167-I, NEAR WARD NO.1 SCHOOL, SALAGUND VILLAGE, TQ. SINDHANUR, DIST. RAICHUR. …PETITIONER (BY SRI. YASHAS S. DIKSHIT, ADVOCATE) AND: 1. PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., SINDHANUR, REPRESENTED BY ITS MANGAR/CEO, TQ. SINDHANUR, DIST. RAICHUR. 2. MALLIKARJUN S/O MUDUKAPPA, AGE: 43 YEARS, OCC: AGRICULTURE, 3. VIRUPANNA S/O. MUDUKAPPA, AGE: 41 YEARS, OCC: AGRICULTURE, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3078 WP No. 201145 of 2025 BOTH ARE R-2 AND R-3 ARE R/O. SALAGUND VILLAGE, TQ. SINDAHNUR, DIST.RAICHUR. …RESPONDENTS (NOTICE TO R1 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 03.02.2025, PASSED BY SENIOR CIVIL JUDGE, SINDHANUR IN E.P.NO.59/2024, WHICH IS AT ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) On the ground that the petitioner is liable to pay certain debts to respondent No.1-Bank, an award has been passed against the petitioner. To execute the same, E.P.No.59/2024 is filed before the Senior Civil Judge & JMFC, Sindhanur. On 07.12.2024 notice was issued to JDR/petitioner herein through RPAD and Court process by - 3 - HC-KAR NC: 2025:KHC-K:3078 WP No. 201145 of 2025 the executing Court. As the JDR/petitioner refused to receive the Court summons, the following order has been passed by the Executing Court. “Process refused by JDr No.1 to 3 through RPAD. Issue arrest notice to JDr No.1 to 3 through RPAD, Court process, affixture to door and Special Bailiff of this Court Sri.Basappa Bajarad. Call on: 07.03.2025.” Aggrieved by the same, the present writ petition is filed. 2. The only ground urged by the petitioner is that, the petitioner did not have the notice of execution petition and for that reasons, it is prayed that the impugned order mentioned above is set aside. 3. This Court on 29.04.2025 has passed the following order: “Heard Sri Yashas S. Dikshit, learned counsel for the writ petitioner. - 4 - HC-KAR NC: 2025:KHC-K:3078 WP No. 201145 of 2025 Learned counsel for the writ petitioner submits that an execution petition is filed for recovery of the amount issued by respondent No.1 and indeed the petitioner paid substantial amount. Learned counsel states that an arrest warrant is issued and therefore, the present writ petition is filed aggrieved by the said order. A perusal of the record that is produced by the petitioner himself goes to show that the petitioner refused to receive the notice. However, considering the submission that is made that the notice was not tendered to the petitioner at all, pending hearing the writ petition, this Court considers desirable to grant appropriate relief. Thus, the warrant of arrest issued by the Court of Senior Civil Judge, Sindhanoor in E.P.No.59/2024 shall stand stayed till the next date of hearing on the petitioner depositing 50% of the decreetal amount within a period of three weeks. Issue notice to the respondents on furnishing the requisites. Requisites be furnished within 24 hours. List the matter on 16.06.2025.” 4. Perusal of the records show that, it is the petitioner who refused to receive the summons issued by the Court and he cannot take a contention that there was - 5 - HC-KAR NC: 2025:KHC-K:3078 WP No. 201145 of 2025 no notice was served on him. Even otherwise, the present writ petition is filed on 21.04.2025 and he knew by that time the pendency of the execution petition and the order passed therein. Under the said circumstances, I do not find any merit in the writ petition. 5. However, the petitioner prays that, if, some time is granted, he would take necessary steps to satisfy the award passed against him or he would challenge the same in the manner known to law. 6. Hence, the following order: ORDER Writ petition is hereby dismissed. However, interim protection granted by this Court by way of interim order dated 29.04.2025 shall continue to operate for a period of two weeks from today. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 19 CT:SI