- 1 - HC-KAR NC: 2025:KHC-D:17918 WP No. 108523 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108523 OF 2025 (GM-CPC) BETWEEN: 1. SHRI BASAPPA S/O. GOLAPPA CHOVANNAVAR, AGE: 57 YEARS, OCC: AGRICULTURIST, R/O. NEAR OLD BUS STAND, SAUNSHI, TQ: KUNDAGOL, DIST: DHARWAD-581117. 2. SHRI HANUMANTHAPPA S/O. GOLAPPA CHOVNNAVAR, AGE: 52 YEARS, OCC: AGRICULTURIST, R/O. NEAR SIDDAROODMATH, SAUNSHI, TQ: KUNDAGOL, DIST: DHARWAD-581117. …PETITIONERS (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: 1. SHOUKATALI S/O. DODDAIMAMSAB MORAB, AGE: 53 YEARS CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17918 WP No. 108523 of 2025 OCC: AGRICULTURIST, R/O. DESAI ONI, HUBBALLI-580028. 2. SHRI ASHOK S/O. BASAVARAJ CHAVANNAVAR, AGE: 24 YEARS, OCC: STUDENT AND AGRICULTURE, R/O. NEAR SIDDAROODMATH, SAUNSHI, TQ: KUNDAGOL, DIST: DHARWAD-581117. 3. SHRI ARUN S/O. BASAVARAJ CHAVANNAVAR, AGE: 22 YEARS, OCC: STUDENT AND AGRICULTURE, R/O. NEAR SIDDAROODMATH, SAUNSHI, TQ: KUNDAGOL, DIST: DHARWAD-581117. …RESPONDENTS (BY SRI. RAMESH I. ZIRALI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 23/04/2025 PASSED IN EX.P 14/2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT., AT KUNDGOL VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17918 WP No. 108523 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 23.04.2025 passed in Ex.P.No.14/2024 by learned Senior Civil Judge, Kundgol, appointing the Court Commissioner to execute the sale deed in a suit for specific performance. 2. The present petition is filed by the Judgment Debtor, who suffered a decree for specific performance of contract. The petition is filed on the premise that the Judgment Debtor's sons have filed a suit in O.S.No.50/2025 for partition and in the said suit, the Trial Court has restrained the present petitioners/judgment debtors from alienating the property. 3. The said order of injunction is to restrain defendants No.1 and 2 therein from voluntarily alienating the property in favour of any third person. However, in a suit for specific performance, - 4 - HC-KAR NC: 2025:KHC-D:17918 WP No. 108523 of 2025 if the Judgment Debtors are refusing to alienate the property, the Court appoints a Court Commissioner to execute the said deed on behalf of the Judgment Debtors. 4. Admittedly, operation of the decree, which is put for execution is not stayed. 5. Under these circumstances, mere pendency of a suit for partition against the Judgment Debtors filed by his two sons, would not come to the rescue of the petitioners/Judgment Debtor to seek stay of the execution proceedings. 6. Hence, the following: ORDER i. The petition is dismissed. ii. It is made clear that this order will not come in the way of the Trial Court deciding the suit for partition on its merits as this order does - 5 - HC-KAR NC: 2025:KHC-D:17918 WP No. 108523 of 2025 not reflect anything on the merits of the suit for partition. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/-. CT-MCK List No.: 1 Sl No.: 11