- 1 - HC-KAR NC: 2025:KHC-D:9110 WP No. 107170 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 23RD DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 107170 OF 2024 (GM-CPC) BETWEEN: THE ASSISTANT EXECUTIVE ENGINEER, KNNL ATHANI, TQ: ATHANI-591304, DIST: BELAGAVI. …PETITIONER (BY SRI. S.M. TONNE, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, HIPPARAGI PROJECT ATHANI, TQ: ATHANI-591304, DIST: BELAGAVI. 2. RAMABAU GANU PATIL, AGE: 68, OCC: AGRICULTURE, R/O. MURAGUBDI, TQ: ATHANI-591304, DIST: BELAGAVI. 3. SMT. INDABAI W/O. VITHAL PATIL, AGE: 76 YEARS, OCC: AGRICULTURE, R/O. KHILEGAON, TQ: ATHANI-591304, DIST: BELAGAVI. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9110 WP No. 107170 of 2024 4. NANASAHEB S/O. VITHA PATIL, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. MURAGUBDI, TQ: ATHANI-591304, DIST: BELAGAVI. 5. TATASAHEB S/O. VITHAL PATIL, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. MURAGUBDI, TQ: ATHANI-591304, DIST: BELAGAVI. 6. KRISHNAJI S/O. VITHAL PATIL, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. MURAGUBDI, TQ: ATHANI-591304, DIST: BELAGAVI. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1; SMT. ARCHANA A. MAGADUM, ADVOCATE FOR R2-R6) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 19/10/24 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ATHANI, IN E.P.NO.1/2024, PRODUCED AT ANNEXURE-E IN SO FOR AS PETITIONER IS CONCERNED. b) CONSEQUENTLY TO REJECT THE APPLICATION DATED 19/9/24 FILED UNDER ORDER 21 RULE 37 OF CPC BY THE RESPONDENT IN E.P.NO.1/2024 PRODUCED AT ANNEXURE-C AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:9110 WP No. 107170 of 2024 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) Heard the learned counsel for the petitioner and learned counsel for respondents No.2 to 6. 2. It is submitted by learned counsel for the petitioner that, in pursuance to the order passed by this Court he has deposited the amount of Rs.6,85,992/- and Rs.6,84,992/- before the Executing Court. Therefore, he submits that this petition will have to be disposed of finally. 3. The petition is disposed of. The impugned order dated 19.10.2024 passed by the Additional Senior Civil Judge and JMFC, Athani in E.P.no.1/2024 insofar as petitioner is concerned is hereby set aside. Respondent Nos. 2 to 6 shall be permitted to withdraw the amount. The Trial Court shall disburse the amount in favour of respondent Nos.2 to 6. The respondents shall proceed - 4 - HC-KAR NC: 2025:KHC-D:9110 WP No. 107170 of 2024 further in the execution proceedings in accordance with law. Sd/- (PRADEEP SINGH YERUR) JUDGE gab CT-MCK List No.: 1 Sl No.: 0