- 1 - HC-KAR NC: 2025:KHC-D:8782 WP No. 104623 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104623 OF 2025 (GM-CON) BETWEEN: MR. SHIVANAGOUDA R. PATIL AGE: 53 YEARS, OCC: PARTNER M/S. PRUTHVI BUILDERS AND DEVELOPERS, SHOP NO.14A/B, II FLOOR, WALI ARCADE, OPP: J.G. COMMERCE COLLEGE, VIDYANAGAR, HUBBALLI. …PETITIONER (BY SRI. V.M. SHEELVANT AND SRI. M.L. VANTI, ADVOCATES) AND: 1. SUBHAS S/O. CHANDRESHAKAR VYAPARI AGE: 46 YEARS, OCC: PRIVATE SERVICE R/O: NO.4 AND 5, T3 DHRUV BLISS, HMT LAYOUT, NAGASANDRA, BENGALURU, KARNATAKA REPRESENTE BY GPA HOLDER MR. RAJSHEKARGOUDA SHANTAVEERANAGOUDA HIREGOUDAR AGE: , OCC: AGRICULTURE, R/O: 137, TALAWAR STREET, YALIWAL, KUNDGOL, DHARWAD. (EX. PETN. NO.402/2023) 2. BASANAGOUDA R GOUDAR AGE: 45 YEARS, OCC: GOVT. EMPLOYEE, R/O:NO.76A/5F, VENKATADRI COLONEY, NADIGER COMPOUND, SAPTAPUR, DHARWAD-580001. (EX. PETN. NO.204/2023) 3. RENUKA K VADEYANPUR AGE: 55 YEARS, OCC: HOUSEHOLD, R/O: VIDYANAGAR, HIREKERUR-581111 DIST: HAVERI. (EX. PETN. NO.205/2023) 4. SIDDAPPA M SHIVANOOR VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.16 14:42:31 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8782 WP No. 104623 of 2025 AGE: 40 YEARS, OCC: LECTURER, R/O: C/O: PHILIP KOTE, DEENBANDHU COLNY, NEAR BASEL MISSION SCHOOL, KARWAR ROAD, HUBBALLI-580029 (EX.PETN.206/2023). 5. CHINTAMANI I SURPUR AGE: 56 YEARS, OCC: GOVT EMPLOYEE, R/O: SUPERINTENDENT OF POST OFFICE, BAGALKOT DIVISION, BAGALKOT-587101. (EX.PETN.207/2023). 6. KALLAPPA H MATTI AGE: 48 YEARS, OCC: BUSINESS, R/O: H.NO.37, GHANTIKERI ONI, HUBBALLI-580020. (EX.PETN.208/2023). 7. MRS.GIRIJA P CHAVANAVAR AGE: 50 YEARS, OCC: HOUSEHOLD, R/O: PLOT NO.79/1, KIADB, TAPOVAN, HALIYAL ROAD, DHARWAD-580001 DHARWAD (EX. PETN.NO. 209/2023) KARNATAKA 8. SHRIKANT H. MATTI AGE: 48 YEARS, OCC: BUSINESS R/O: H. NO. 37, GHANTIKERI ONI, HUBBALLI-580020. (EX.PETN.210/2023). 9. MRS. RASHMI R. MUSHANNAVAR AGE: 37 YEARS OCC: TEACHER, R/O: HOUSE NO. 101, K.C.C BANK COLONEY, NAVANAGAR, HUBBALLI-580025. (EX. PETN. NO.211/2023) 10. MR. SUNIL D. BHAGALE AGE: 44 YEARS, OCC: PRIVATE SERVICE, R/O: C/O. RENUKA SINGAD, BLOCK NO. 4, H. NO. 37, NEW POLICE QUARTER, KARWAR ROAD, HUBBALLI-580031 DHARWAD KARNATAKA (EX. PETN.NO.213/2023) 11. MR. VISHWANATH B. HIREMANI, AGE: 38 YEARS, OCC: ASST. TEACHER, R/O: HOUSE NO. 101, K.C.C. BANK COLONY, NAVANAGAR, HUBALLI-580025 DHARWAD KARNATAKA (BY B. S. HOSAKERI) - 3 - HC-KAR NC: 2025:KHC-D:8782 WP No. 104623 of 2025 (EX. PETN.NO.217/2023) 12. MR. MANOHAR T. CHAVAN. AGE: 40 YEARS, OCC: PRIVATE SERVICE R/O:II FLOOR, NARAYAN BUILDING, NEAR BROKE FIELD BANGALURU, KARNATAKA. (EX. PETN. NO.221/2023) 13. MRS. NIRMALA BSAPPA HILAGAMMANAVAR, AGE: 38 YEARS, OCC: GOVT. EMPLOYEE, R/O: C/O. B. N. HULAGAMMANAVAR, H. NO.133, 3RD CROSS, KOPPADAKERI, JANATA COLONY, MALAPUR, DHARWAD-580008 DHARWAD KARNATAKA (BY B. S. HOSAKERI) (EX. PETN. 222/2023) 14. MR. NAGARAJ BASAPPA HULAGAMMANAVAR AGE: 34 YEARS, OCC: GOVT. EMPLOYEE R/O: C/O. B. N. HULAGAMMANAVAR, H. NO.133, 3RD CROSS, KOPPADAKERI, JANATA COLONY, MALAPUR, DHARWAD-580008 DHARWAD KARNATAKA (BY B. S. HOSAKERI) (EX. PETN. NO. 223/2023) 15. MR. RAMACHANDRA D. PATTAR, AGE: 46 YEARS, OCC: PRIMARY SCHOOL TEACHER R/O: SHRI DUNDAPPA NILAYA, 3RD CROSS, GANESH COLONY, NEKAR NAGAR, OLD HUBBALLI-580024 (BY B. S. HOSAKERI) (EX. PETN. NO. 2/2024) 16. SURESHGOUDA S/O. SHANTAVEERAGOUDA HIREGOUDAR AGE: 40 YEARS, OCC: PRIVATE SERVICE R/O: NO.87, 1ST MAIN, 3RD CROSS, DCM TOWNSHIP, NEAR GURU MEDICAL SHOP, DAVENGERE-577001. (EX. PETN. NO.134/2024) 17. MRS. SHRIDEVI K. PATIL, AGE: 54 YEARS, OCC: ASST. PROFESSOR, R/O: PLOT NO. 168-S, 13TH CROSS, SANKALP BUILDING, SARASWATI BADAVANE, SECTOR NO. 63, NAVANAGAR, BAGALKOT-587103 (BY M B PUJAR) - 4 - HC-KAR NC: 2025:KHC-D:8782 WP No. 104623 of 2025 (EX. PETN. NO. 196/2024) 18. IHWARGOUDA G. BHAVIKATTI, AGE: 41 YEARS, OCC: PRIVATE JOB, R/O: NO. 35, BANKERS COLONY, R N SHETTI ROAD, 2ND CROSS, LAKSHMI TEMPLE, NEAR OLD HUBLI, HUBBALLI-580024 M.NO.: 9740828017 (BY R.S. SHETTAR) (EX. PETN. NO.228/2024) 19. PRASHANTAGOUDA G. BHAVIKATTI, AGE: 36 YEARS, OCC: PRIVATE JOB, AND, KIRANAGOUDA G. BHAVIKATTI, AGE: 32 YEARS, OCC: PRIVATE JOB, R/O: #35, BANKERS COLONY, R.N SHETTI ROAD, 2ND CROSS, LAKSHMI TEMPLE, NEAR OLD HUBLI, HUBBALLI-580024 (BY R S SHETTAR) (EX. PETN. NO.229/2024) 20. DR. SAMPATHLAXMI I. HUGAR AGE: 54 YEARS, OCC: MEDICAL PRACTITIONER, R/O: C/O. I. I. HUGAR, BAIF POST BOX NO.3, SHARADA NAGAR, NEAR HASAN CIRCLE, TIPTOOR-572202 TUMKUR KARNATAKA (EX.PETN.NO.214/2023) 21. MR.GOVINDRAO VIJAYENDRA RAO KULKARNI AGE: 46 YEARS, OCC: MERCHANT, R/O:S.I.GADAGIN, GURUDEV NAGAR, NEAR RAJ NAGAR, HUBBALLI-580032. (EX.PETN.NO.156/2024) 22. MRS. GANGIMALHADEVI M KULKARNI AGE: 50 YEARS, OCC: EMPLOYEE, R/O:G.M.KULKARNI, NEAR BSNL QUARTERS, NEAR SOUDATTI PLOCE, SOUDATTI, DIST: BELGAUM-591126. (EX.PETN.NO.157/2024) 23. SRI. AJIT S/O. SHIVAKUMARWAMY HANAGAWADIMATH, AGE: 33 YEARS, OCC: SERVICE, R/O: BANNERGHATTA ROAD, BENGALURU, R/BY HIS GPA HOLDER SHIVAKUMARSWAMY H. HANAGAWADIMATH, AGE: 69 YEARS, OCC: RETIRED, - 5 - HC-KAR NC: 2025:KHC-D:8782 WP No. 104623 of 2025 R/O: CHINMAYA H.NO. 381, RAJAJINAGAR, SATTUR, DHARWAD KARNATAKA (EX.PTN.NO.120/2024) 24. SMT. RAJASHREE D/O SHIVAKUMARSWAMY HANAGAWADIMATH, AFTER MARRIAGE RAJASHREE W/O. RUDRAYYA MUDENURMATH, AGE: 40 YEARS, OCC: LECTURER, R/O: KLE QUARTERS, COMMERCE COLLEGE CAMPUS, HUBBALLI-580030 DHARWAD KARNATAKA (EX.PETN.NO.119/2024) 25. DR. SAUBHAGYA RUDRAPPA TALAWAR AGE: 38 YEARS, OCC: DOCTOR AND ASST. PROFESSOR GIMS R/O: C/O B.H. JALIHAL, 1ST CROSS, BAPUJI NAGAR, KALSAPUR ROAD, GADAG. (EX.PETN.NO.125/2023) 26. DR. PRAVEEN RUDRAPPA TALAWAR, AGE: 42 YEARS, OCC: DOCTOR, R/O: TOLALLI TQ. SHIRAHATTI, DIST: GADAG, NOW RESIDING AT V MADARI QUARTERS, BUILDING NO. 66, PLOT NO.6633 AIIMS VIRBHADRA MARG, PASHULOK RISHIKESH DIST: DEHRADUN, UTTARAKHAND STATE THROUGH SPECIAL GPA DR. SAUBHAGYA RUDRAPPA TALAWAR, AGE: 38 YEARS, OCC: DOCTOR AND ASSISTANT PROFESSOR GIMS R/O: C/O B.H. JALIHAL, 1ST CROSS, BAPUJI NAGAR, KALSAPUR ROAD, GADAG (EX.PETN.NO.126/2023) …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH) 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 TO QUASH OR ANY OTHER APPROPRIATE ORDER OR DIRECTION AND TO QUASH THE ORDER OF CIVIL IMPRISONMENT DATED 21/6/2025 PASSED BY THE HON’BLE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION DHARWAD IN EX. PETN NO.136/2024 AND ORDER OF BODY WARRANT IN - 6 - HC-KAR NC: 2025:KHC-D:8782 WP No. 104623 of 2025 EX.PETN. NO.204/23, 205/23, EX. PETN. NO.206/23 EX. PETN. NO.207/23 EX. PETN. NO.208/23 EX. PETN. NO.209/23 EX. PETN. NO.210/23 EX. PETN. NO.211/23 EX. PETN. NO. 213/23 EX. PTN. NO.217/23 EX. PETN.NO.221/23, EX. PETN. NO.222/23, EX. PETN. NO.223/23, EX. PETN.NO.2/24, EX. PETN. NO.134/24, EX. PETN. NO.196/24, EX. PETN. NO.228/2024 EX.PETN.NO.229/2024 EX. PETN.NO.214/2023, EX. PETN. NO.156/2024, EX. PETN NO.157/24, EX. PETN. NO.120/24, EX.PETN.NO.119/24 EX.PETN.NO.22/24 AND EX. PETN.NO.23/24 PRODUCED AT ANNEXURES-B TO B25 AND RELEASE THE PETITIONER FROM CIVIL IMPRISONMENT IN THE INTEREST OF JUSTICE EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioner. 2. This Court does not find need to issue notice to the respondents, who are the complainants initiated action against the petitioners herein for deficiency of service by the petitioner, a builder. 3. The petitioner has suffered orders before the District Consumer Dispute Redressal Commission, Dharwad (hereinafter referred to as ‘the DCDRC’, for short). Awards have been passed. The said awards are put into execution by each of the respondents/complainants for realisation of - 7 - HC-KAR NC: 2025:KHC-D:8782 WP No. 104623 of 2025 the amount. In the execution proceedings, the DCDRC has passed an order of civil imprisonment of the petitioner for non-compliance of its orders in several petitions filed by the respondents. 4. A short point for consideration before this Court is on the submission of the petitioner that, he is ready and willing to make good the payment to each of the petitioners in the execution petitions, whereas if he is sent behind the bars i.e., civil imprisonment, for non-compliance of the impugned orders, it may not be possible for the petitioner to make good the payment and arrange the finance to show his bona fide on his part. 5. The petitioner being a builder having undertaken to sell the property to the respondents is liable to make good the payment by virtue of the orders passed by the DCDRC, is now agreeable to make good the payment if reasonable time is granted. He contends that if three months time is granted, he will make good the payment to each of the - 8 - HC-KAR NC: 2025:KHC-D:8782 WP No. 104623 of 2025 respondents/decree holders by selling another alternate property. 6. Under the circumstances, the purpose of the respondents may not be to put the petitioner to the civil prison but to realize their amount. Therefore, this Court is of the opinion that, if the respondents are able to get their amount it would meet the ends of justice. Under the circumstances, this Court is of the opinion that is some reasonable breathing time is given to the petitioner to muster and garner the funds by selling the alternate property to an extent of 4 acres and make good the payment within three months, the respondents would be benefited. 7. Accordingly, I pass the following order: i. This petition is partly allowed. ii. The order dated 21.06.2025 passed by the District Consumer Dispute Redressal Commission, Dharwad in Execution Petition Nos.136/2024, 204/2023 to 211/2023, 213/2023, 217/2023, 221/2023, 222/2023, 223/2023, 2/24, 134/2024, 196/2024, - 9 - HC-KAR NC: 2025:KHC-D:8782 WP No. 104623 of 2025 228/2024, 229/2024, 214/2023, 156/2024, 157/2024, 120/2024, 119/2024, 22/2024, 23/2024 are hereby quashed. iii. The petitioner is ordered to be released from the civil imprisonment with a condition that the petitioner shall make payment to each of the respondents totalling to approximately Rs.1,50,00,000/- and odd within a period of three months. iv. The DCDRC shall grant three months time to make good the payment. v. It is made clear that if the petitioner does not make good the payment to each of the respondents/complainants, this order would not enure to his benefit. The respondents/complainants are at liberty to execute the impugned order. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv CT-MCK