- 1 - HC-KAR NC: 2025:KHC-D:13209 WP No. 107118 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107118 OF 2025 (GM-CPC) BETWEEN: SMT SHIVANI UMESH NEVAGIRI AGE 43 YEARS OCC HOUSEHOLD R/O H NO 70/3, DWARKA MAI NIWAS 8TH CROSS, BHAGYA NAGAR, BELAGAVI 590006 …PETITIONER (BY SRI. SUDHAKAR K. SUTAR., ADVOCATE) AND: SRI SAKHARAM GANGARAM SHINDE AGE 61 YEARS OCC AGRICULTURE R/O: KARAJAGI TAL: AKKALKOT DIST:SOLAPUR MAHARASHTRA 413219 …RESPONDENT (NOTICE TO THE RESPONDENT IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 22-04-2024 VIDE ANNEXURE-D PASSED BY THE HON'BLE IV ADDI SENIOR CIVIL JUDGE AND JMFC, BELAGAVI IN EX.C.37/2018, IN SO FAR AS PETITIONER IS CONCERNED WHO IS ARRAYED AS JUDGMENT DEBTOR AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13209 WP No. 107118 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent is dispensed with in view of the proposed order to be passed. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Certiorari quashing the impugned order dated 22.04.2024 vide Annexure-D, passed by the Hon’ble IV Addl. Senior Civil Judge & JMFC, Belagavi in Ex.C.37/2018, in so far as petitioner is concerned who is arrayed as Judgment Debtor b. Pass any other orders which this Hon’ble Court deems fit. 3. The petitioner, being the vendor in a suit for specific performance, was directed to refund the amounts received, the same not having been done. Ex.Case.No.37 of 2018 had been filed wherein the petitioner, though had made payment of a certain amount, was still due for an amount of Rs.13,54,940/-. In that view of the matter, the property has been attached. Challenging the said Attachment Order, the petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:13209 WP No. 107118 of 2025 4. The mere attachment of the property would not give any ground for the petitioner to approach this Court challenging same. Since the attachment is only to secure the amounts due by the respondent. If the payments are made by the petitioner to the respondent, the Attachment Order would stand lifted. 5. The submission of learned counsel for the petitioner is that the said amount would be paid within 8 weeks from now. The Execution Court is directed to consider the same and afford eight weeks’ time to the petitioner to make payment of the due amount within that period of time, if needful is not done the execution court would be free to proceed to auction the property. 6. With the observation, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 47