- 1 - HC-KAR NC: 2025:KHC:19807 WP No. 33597 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 33597 OF 2019 (GM-CPC) BETWEEN: 1. KRISHNE GOWDA S/O KARIGOWDA, AGED ABOUT 83 YEARS, R/AT:AJJOORU VILLAGE, ARAKALGUDU TALUK, HASSAN DISTRICT-573102. BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED. 2. DHARMA S/O KRISHNE GOWDA, AGED ABOUT 45 YEARS, R/AT AJJORU VILLAGE, ARAKALGUDU TALUK, HASSAN DISTRICT-573102. 3. YOGESH S/O KRISHNE GOWDA, R/AT AJJORU VILLAGE, ARAKALGUDU TALUK, HASSAN DISTRICT-573102. …PETITIONERS (BY SRI. SANDESH.P.NADIGAR, ADVOCATE FOR SRI.G.BALAKRISHNA SHASTRY., ADVOCATE) Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19807 WP No. 33597 of 2019 AND: A.T. PUTTASWAMY S/O LATE THIMMEGWODA, AGED ABOUT 55 YEARS, R/AT:AJJOORU VILLGE, ARAKALAGUDU TALUK, HASSAN DITRICT-573102. …RESPONDENT (BY SRI.H.M.MANJESH., ADVOCATE) THIS WP FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED 24.06.2019 IN EXECUTION PETITION NO.13/2016 ON THE FILE OF THE CIVIL JUDGE AND JMFC AT HOALANARASIPURA AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the Judgment Debtor calling into question the order dated 24.06.2019 passed in Ex.No.13/2016, where under the judgment debtor has been ordered to be arrested and detained in civil prison for one month. 2. The relevant facts in a nutshell leading to the present petition are that the respondent No.1 instituted a suit in OS.No.144/2008 for permanent injunction which was decreed - 3 - HC-KAR NC: 2025:KHC:19807 WP No. 33597 of 2019 on 12.12.2012. RA No.9/2013, which was filed challenging the judgment and decree passed in the suit was also rejected on 01.09.2015. Thereafter, Ex.No.13/2016 was filed alleging that disobedience of the decree passed in the suit. In the said execution proceedings, the executing Court ordered arrest of the judgment debtors for one month in civil prison. Being aggrieved by the said order, the present writ petition is filed. 3. Learned counsel for the petitioners submits that pursuant to the interim order dated 06.08.2019, the petitioner Nos.2 and 3 who were arrested have been released, and the petitioner No.1 was not taken custody since he is aged about 82 years. 4. It is sought to be contended that the disobedience by the petitioners of the decree passed by the Trial Court was not an intentional one. 5. Be that as it may, in view of the fact that the petitioners have already been released, the question of continuing the present proceedings does not arise. Further, it is just and proper that the order of detention passed vide order - 4 - HC-KAR NC: 2025:KHC:19807 WP No. 33597 of 2019 dated 24.06.2019 be set aside, with liberty to the respondent to take such other steps/measures as permissible under law in the event there is further disobedience of the decree. 6. In view of the aforementioned, the following order is passed: ORDER i. The writ petition is partly allowed. ii. The order dated 24.06.2019 passed in Ex.No.13/2016 by the Civil Judge and JMFC, Holenarasipura, in so far as it ordered for arrest and detention of the judgment debtor in civil prison for one month is set aside. iii. Liberty is reserved for the respondent/decree holder to initiate such other steps/measures as permissible under law in the event there is further disobedience of the decree by the judgment debtor. Sd/- (C.M. POONACHA) JUDGE SRK List No.: 1 Sl No.: 30