- 1 - NC: 2025:KHC-K:2172 WP No. 203844 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 203844 OF 2024 (GM-CPC) BETWEEN: SRI BHEEMAPPA S/O MAREPPA KUDLOOR, AGED ABOUT 49 YEARS, OCC: AGRICULTURIST AND PUMP OPERATOR, R/O KUDLOOR VILLAGE, TQ & DIST: YADGIRI – 585201. …PETITIONER (BY SRI V K NAYAK, ADVOCATE) AND: SRI SANDEEP KUMAR S/O ABHAY KUMAR DHOKA, AGE: 39 YEARS, OCC; AGRICULTURE, R/O STATION SAIDAPUR, TALUK AND DISTRICT YADGIRI – 585201. …RESPONDENT (BY SRI R.S. SIDHAPURKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI TO SET ASIDE ORDER DATED 05.12.2024 IN EP NO.1/2022 PASSED BY CIVIL JUDGE AND JMFC YADGIR (ANNEXURE-H). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2172 WP No. 203844 of 2024 ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This petition is filed seeking following relief’s; “The Petitioners prays that this Hon’ble Court may kindly issue: 1) Issue Writ of Certiorari to set aside order dated 05.12.2024 in EP No.1/2022 passed by Civil Judge and JMFC Yadgir (Annexure-H). 2) And grant such other or further relief or reliefs as this Hon’ble Court may deem fit in the circumstances of case.” 2. Sri.V.K.Nayak, learned counsel for the petitioner submits that the respondent herein has filed suit in O.S.No.21/2013, seeking relief of Specific Performance of Contract and the said suit came to be decreed on 18.04.2017. Being aggrieved, the petitioner filed R.A.No.26/2024 and in the said appeal he has filed an application under Order 41 Rule 5 CPC seeking stay of the execution of the judgment and decree passed by the trial Court and the said appeal is pending. It is further submitted that the respondent has filed E.P.No.1/2018, which came to be dismissed for non-prosecution on - 3 - NC: 2025:KHC-K:2172 WP No. 203844 of 2024 22.12.2020. Later on, the respondent again filed E.P.No.1/2022 and in the said execution proceedings the petitioner filed objections seeking for deferment of the execution proceedings till the disposal of Regular Appeal. However, the execution Court by the impugned order at Annexure-H dated 05.12.2024 rejected the objections and proceeded with the execution petition. Hence, he submits that if execution is allowed his appeal would become infructuous, he seeks to allow the writ petition by setting aside the impugned order. 3. Per contra, Sri.R.S.Siddhapurkar, learned counsel appearing for the respondent supports the impugned order of the trial Court and submits that the suit of the respondent came to be decreed on 18.04.2017 and the petitioner filed Regular Appeal only in the year 2024 and there is an enormous delay in filing the appeal. It is further submitted that the respondent has filed objections to the application filed by the petitioner seeking for condonation of delay in filing the said appeal and the said - 4 - NC: 2025:KHC-K:2172 WP No. 203844 of 2024 application is yet to be adjudicated and due to the fault of the petitioner, there cannot be any delay in getting fruits of the decree to the respondent. It is also submitted that considering the said aspect the execution Court rejected the objections filed by the petitioner. Hence, he seeks to dismiss the petition. 4. I have heard the arguments of the learned counsel for the petitioner, learned counsel for respondent and meticulously perused the material available on record. 5. The undisputed fact between the parties are that the respondent herein filed the suit in O.S.No.21/2013 seeking relief of specific performance of contract which came to be decreed by the trial Court on 18.04.2017 and thereafter the respondent has filed the execution petition in E.P.No.1/2018 which came to be dismissed for default on 22.12.2020. Later the respondent has filed another E.P.No.1/2022 and in the said execution proceedings, the petitioner has entered appearance and filed objections contending that the petitioner has - 5 - NC: 2025:KHC-K:2172 WP No. 203844 of 2024 challenged the judgment and decree of the trial Court in R.A.No.26/2024 and in the said appeal he has filed an application under Order 41 Rule 5 CPC seeking stay of the operation and execution of the judgment and decree passed by the trial Court. Admittedly, there is a delay on the part of the petitioner in filing the appeal and the said appeal is required to be adjudicated by the appellate Court on its merits including the application for seeking for condonation of delay. When such being the position, it would not be appropriate on the executing Court to proceed with the execution of the judgment and decree of the trial Court in O.S.No.21/2013. If the judgment of the trial Court is allowed to be executed, the appeal filed by the petitioner would become infructuous and would cause prejudice and harm to the petitioner. In my considered view, the interest of justice would be met, if the appellate Court is directed to dispose of the appeal in R.A.No.26/2024 as expeditiously as possible and till the such disposal of R.A.No.26/2024 the execution Court is directed not to proceed with the execution proceedings. - 6 - NC: 2025:KHC-K:2172 WP No. 203844 of 2024 6. For the aforementioned reasons, I proceed to pass the following; ORDER (a) The impugned order dated 05.12.2024 passed in EP No.1/2022 by the Civil Judge and JMFC Yadgir, is set aside. (b) The execution Court is directed not to proceed with the execution till the disposal of the appeal in R.A.No.26/2024, pending on the file of the Senior Civil Judge and CJM, Yadgir. (c) The Senior Civil Judge and CJM, Yadgir, is directed to dispose of the appeal in R.A.No.26/2024 as well as the pending applications, if any, on or before 31.08.2025. (d) The parties are directed to co-operate for disposal of the aforesaid regular appeal. (e) No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE MSR List No.: 1 Sl No.: 19 CT: PS