- 1 - NC: 2025:KHC-D:6374 WP No. 101840 of 2024 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. 101840 OF 2024 (GM-CPC) BETWEEN: SHRI DAYANAND SIDDAYYA MATHAPATI, AGED: 56 YEARS, OCC: BUSINESS, R/O: NEAR B.K. COLLEGE, CHIKKODI, TAL: CHIKKODI, DIST: BELAGAVI-591 302. … PETITIONER (BY SRI. ANAND D. BAGEWADI, ADVOCATE) AND: SHRI. MAHALAXMI CREDIT SOUHARD SAHAKARI NYT CHIKODI, REPRESENTED BY IT’S SECRETARY, SHRI SANTOSH ANANT KULKARNI, AGED: MAJOR YEARS, OCC: SERVICE, R/O: CHIKODI, DIST: BELAGAVI-591 302. … RESPONDENT 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, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Anand D.Bagewadi., counsel for the petitioner has appeared in person. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6374 WP No. 101840 of 2024 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 05.07.2022 passed by the Principal Civil Judge and JMFC, Chikodi in Execution Petition No.21/2020 vide Annexure-E. 3. Counsel for the petitioner urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioner is the judgment debtor and the respondent is a decree holder. They compromised the matter before the Lok-Adalat in 2014. Under the compromise, the petitioner agreed/ undertook to pay the balance amount of Rs.18,00,000/- on or before 28.02.2015. However, he did not comply with the terms of the compromise. Hence, the decree holder was constrained to file an execution petition. The petitioner contested the execution petition and even in the execution petition he did not made an attempt to adhere to the terms of the compromise. The execution petition was listed on 05.07.2022 and the Executing Court recalled the order of dismissal. The petitioner has grievance about the recalling of the order. What is required to be considered is even after the - 3 - NC: 2025:KHC-D:6374 WP No. 101840 of 2024 restoration of the execution petition, the petition was listed at intervals. The petitioner has not shown diligence for the payment of the amount as agreed by him under the compromise. Moreover, the petition was restored in 2022. The Writ Petition is filed in 2024. There is an inordinate delay of almost two years in preferring the Writ Petition. I find no grounds to interfere with the order passed by the Executing Court. Accordingly, the Writ Petition is rejected at the stage of preliminary hearing. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 1 SL NO.: 1