- 1 - NC: 2025:KHC-D:5035 WP No. 101887 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101887 OF 2025 (GM-CPC) BETWEEN: SHIVANANDA S/O GIRIYAPPA SHETTY, AGE: 35 YEARS, OCC: NIL, R/O JEERHAL KALGUDI, TQ: GANGAVATI, DIST: KOPPAL, REP. BY HIS WIFE. REKHA W/O SHIVANAND SHETTY. …PETITIONER (BY SRI. GIRISH.V.BHAT., ADVOCATE) AND: 1. VIVEKASRI VIVIDODDESHA SOUHARDHA SAHAKARI NI. GVT, R/O:. WARD NO.14, AMAR BAGHATH SINGH NAGAR, GANGAVATHI TALUK, KOPPAL DISTRICT-583 231. THROUGH MANAGER, VEERABHADRAYYA HIREMATH S/O SHARANAYYA. 2. RAGHAVENDRA S/O MARISWAMI, AGE: 40 YEARS, OCC: BUSINESS, R/O NEAR KATAMATHI, OPP. VINAYAK BAKERY, GANGAVATHI, GANGAVATHI TALUK, KOPPAL DISTRICT-583 231. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5035 WP No. 101887 of 2025 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Girish V.Bhat., counsel for the petitioner has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order passed dated 10.03.2025 passed by the Senior Civil Judge and JMFC., Gangavathi in on I.A. No.4 EX.No.43/2022 vide Annexure-F and a Writ of Mandamus directing the Senior Civil Judge and JMFC., Gangavati in EX.No.43/2022 to hold inquiry as per Order XXI Rule 40(1) of CPC. 3. Sri.Girish V.Bhat., counsel for the petitioner submits that the petition may be disposed of with a liberty for the petitioner to move an appropriate application before the Senior Civil Judge and JMFC., Gangavathi for the release of Judgment Debtor No.2 by showing bonafides for the payment of decreetal amount. 4. Taking note of the submission made by counsel for the petitioner, liberty is accorded to the petitioner to move an - 3 - NC: 2025:KHC-D:5035 WP No. 101887 of 2025 appropriate application before the Trial Court for his release by showing bonafides for the payment of the decreetal amount. The Trial Court is directed to consider the application, in accordance with law. 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE RH List No.: 2 Sl No.: 26