- 1 - HC-KAR NC: 2025:KHC-D:16307 WP No. 108861 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108861 OF 2025 (GM-CPC) BETWEEN: ALLAWWA W/O PARAPPA PURANIK, AGE. 72 YEARS, OCC. AGRICULTURE, R/O. DAVALESHWAR, RABKAVI BANHATTI TALUK, BAGALKOT DISTRICT-587 314. … PETITIONER (BY SRI. VYAS DESAI, ADVOCATE) AND: 1. MARUTI S/O MALLAPPA NINGANUR, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. DHAVALESHWAR, TQ. MUDHOL, DIST. BAGALKOT-587 101. 2. BASAPPA S/O PARAPPA PURANIK, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. DHAVALESHWAR, TQ. MUDHOL, DIST. BAGALKOT-587 101. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 12/02/2025 ON I.A. NO.4 IN E.P. NO.11/2022 ON FILE OF SENIOR CIVIL JUDGE AND JMFC, BANHATTI VIDE ANNEXURE-H WITH RESPECT TO THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE SENIOR CIVIL JUDGE AND JMFC, BANHATTI TO CONSIDER THE I.A. U/O 21 RULE 97 FILED BY THE PETITIONER VIDE ANNEXURE-D AND PASS APPROPRIATE ORDERS IN THE INTEREST OF JUSTICE AND EQUITY. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.27 12:54:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16307 WP No. 108861 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner. 2. It is submitted by the learned counsel for the petitioner that the petitioner has filed an application under Order XXI Rule 97 of the Code of Civil Procedure (‘Code’, for short) in a pending execution proceeding where the execution proceeding is filed to recover the dues from the judgment debtor, who is respondent No.2 in the present petition. 3. The petitioner is said to be the mother of the judgment debtor. The petitioner claims that she too has undivided share in the petition property. It is the further submission that application under Order XXI Rule 97 of the Code is not yet adjudicated as such, the proclamation for sale of the property could not have been issued. 4. The Court has considered the contentions raised at the Bar and also perused the impugned order for issuance of proclamation of sale. - 3 - HC-KAR NC: 2025:KHC-D:16307 WP No. 108861 of 2025 5. It is noticed that the Court has only said the share of the judgment debtor has to be auctioned. 6. Under these circumstances, the Court does not find any reason to interfere with the impugned order. 7. It is made clear that the purchaser in an auction will only acquire the share of the judgment debtor and thereafter he is required to file a suit for partition and separate possession in case, if it is found that the judgment debtor had only a share in the property and is not the absolute owner of the property. Whether the judgment debtor was the absolute owner of the property or the petitioner has also share in the property shall be decided in the application filed by the petitioner under Order XXI Rule 97 of the Code. 8. With these observations, the following: ORDER i. Writ petition is disposed of. ii. The application under Order XXI Rule 97 of the Code shall be considered in accordance with law, by holding necessary inquiry. - 4 - HC-KAR NC: 2025:KHC-D:16307 WP No. 108861 of 2025 iii. It is made clear that the auction sale need not wait for adjudication under Order XXI Rule 97 application. iv. The Executing Court shall indicate the extent of share held by the judgment debtor in the proclamation of sale. v. The Executing Court shall also specify in the proclamation of sale that the application filed by the petitioner claiming right over the property is pending adjudication and auction will be subject to the finding on the application filed by the petitioner. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 12