- 1 - HC-KAR NC: 2025:KHC-D:14012 WP No. 107607 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107607 OF 2025 (GM-CPC) BETWEEN: KRISHNAPPA S/O RAMAPPA KUNDARAGI, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. KEMPATTI, TQ. CHIKODI, DIST. BELAGAVI-591 201. … PETITIONER (BY SRI. RAMESH I. ZIRALI, ADVOCATE) AND: 1. MANAKU S/O DATTU VANJERI, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. NANDIKURALI, TAL. RAIBAG, DIST. BELAGAVI-591 317. 2. MARUTI S/O RAMA CHAMBAR @ MANE, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. KEMPATTI, TAL. RAIBAG, DIST. BELAGAVI-591 317. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE INITIATION OF EXECUTION PROCEEDINGS IN E.P. NO.190/2025 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, RAIBAG VIDE ANNEXURE-G IN SO FAR AS PETITIONER IS CONCERNED, TO MEET THE ENDS OF JUSTICE AND EQUITY. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:17 +0100 - 2 - HC-KAR NC: 2025:KHC-D:14012 WP No. 107607 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) Learned counsel to the petitioner submits that the petitioner is arrayed as judgment debtor No.2 in Execution Proceeding No.190/2025 on the file of Additional Civil Judge, Raibag1. 2. Learned counsel for the petitioner further submits that the petitioner is not a party to the compromise decree said to have been executed between respondents No.1 and 2. He also submits that the execution petition itself is not maintainable against the petitioner, as he is not a judgment debtor. 3. The petitioner can raise these grounds before the Executing Court. Hence, the writ petition is not entertained and is accordingly dismissed. 1 Hereinafter referred to as the ‘Executing Court’ - 3 - HC-KAR NC: 2025:KHC-D:14012 WP No. 107607 of 2025 4. The dismissal of writ petition should not be construed as an expression of opinion against the petitioner. 5. The Executing Court shall consider the contentions urged by both parties and pass appropriate orders. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 56