- 1 - NC: 2025:KHC-D:6381 WP No. 103438 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 103438 OF 2016 (GM-AC) BETWEEN: SRI. BASAPPA SIDDAPPA KAMBLE, AGE: 48 YEARS, OCC: TEACHER, R/O: KOLIGUDD, TQ: ATHANI, NOW R/AT: SHIVA PRABHU NIVAS, GASTI PLOT, BEHIND SIGMA TYRES, HALLYAL ROAD, TQ: ATHANI, DIST: BELAGAVI. … PETITIONER (BY SRI. SHAKTIPRASAD AKKI, ADVOCATE FOR SRI. JAGADISH PATIL, ADVOCATE) AND: 1. SMT. KASTURI W/O SHRIKANT @ SHIVPPA SHETTIGOUDAR, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O: SAPTASAGAR, TQ: ATHANI, DIST: BELAGAVI. 2. SHRI PRAKASH S/O SHRIKANT @ SHIVPPA SHETTIGOUDAR, AGE: 33 YEARS, OCC: SERVICE, R/O: SAPTASAGAR, TQ: ATHANI, DIST: BELAGAVI. 3. SHRI KIRAN S/O SHRIKANT @ SHIVPPA SHETTIGOUDAR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: SAPTASAGAR, TQ: ATHANI, DIST: BELAGAVI. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6381 WP No. 103438 of 2016 4. SHRI PULAKESHI S/O SHRIKANT @ SHIVPPA SHETTIGOUDAR, AGE: 28 YEARS, OCC: STUDENT, R/O: SAPTASAGAR, TQ: ATHANI, DIST: BELAGAVI. … RESPONDENTS (BY SRI. HARISH.S.MAIGUR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shaktiprasad Akki., counsel on behalf of Sri.Jagadish Patil., for the petitioner and Sri.Harish S.Maigur., counsel for respondents 1 to 4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:11.09.2015 passed by the Addl. Senior Civil Judge and JMFC, Athani on I.A.No.II in E.P.No.16/2011 vide Annexure-C. 3. For convenience sake, the parties are referred to as per their status and rankings before the Tribunal. 4. The short facts are these: - 3 - NC: 2025:KHC-D:6381 WP No. 103438 of 2016 Srikanth – the husband of the first respondent and the father of respondents 2 to 4 died in a road traffic accident. A claim petition was filed in MVC No.2924/2005 before the Tribunal and the Tribunal vide award dated:18.01.2010 awarded compensation of Rs.2,40,400/- with interest at the rate of 6% per annum from the date of petition till the date of deposit etc. The award was assailed before this Court in MFA No.21228/2011. This Court vide order dated:24.07.2012 dismissed the appeal. As things stood thus, the claimants moved an application in I.A.No.2 under Order 21 Rule 54 read with Section 151 of CPC to attach the property and sell the same for the recovery of the compensation amount. The Tribunal allowed the application vide order dated:11.09.2015. Under these circumstances, the petitioner is before this Court. 5. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 4 - NC: 2025:KHC-D:6381 WP No. 103438 of 2016 6. The petitioner contended that an opportunity was not accorded to him to file objections to the application and in this Court also, he has adhered to the said contention. The same cannot be accepted. The reason is apparent. Despite granting sufficient time, objections were not filed to the application. Hence, the Executing Court concluded that objections to the application are taken as not filed and proceeded with the matter. Moreover, the appeal was dismissed by this Court in 2012. In my view, the decree holders are justified in initiating the execution proceedings for the recovery of the compensation amount. The Executing Court in extenso referred to the material on record and rightly allowed the application by attaching the property. I find no reason to quash the order. The Writ Petition is devoid of merits and it is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP LIST NO.: 1 SL NO.: 46