- 1 - HC-KAR NC: 2025:KHC-D:9910 WP No. 105493 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105493 OF 2025 (GM-CPC) BETWEEN: 1. SRI. RAMAGOUDA S/O. SHEKARAPPA KAVATAKOPPA, AGE: MAJOR, OCC. AGRICULTURE, R/O. MAIGUR, TQ. JAMKHANDI, DIST. BAGALKOTE. 2. SRI. JINNAPPA S/O. RAMAPPA NYAMAGOUDA, AGE: MAJOR, OCC. AGRICULTURE, R/O. MAIGUR, TQ. JAMKHANDI, DIST. BAGALKOTE. …PETITIONERS (BY SRI. M.C. HUKKERI, ADVOCATE) AND: 1. SECRETARY JAMKHANDI TALUKA SHRI PARSHWANATH, ALPA SANKYATAR PATTINA SAHAKARA SANGH NIYAMIT. 2. SHRI ADINATH S/O. RAMAPPA PADNAD, AGE: MAJOR, OCC. AGRICULTURE, R/O. MAIGUR, TQ. JAMKHANDI, DIST. BAGALKOTE. …RESPONDENTS Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9910 WP No. 105493 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) TO QUASH THE IMPUGNED ORDER DATED 17/07/2025 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC JAMKHANDI IN I.A.NO.VII FILED BY THE JDR.NO.2 UNDER SECTION 151 OF C.P.C. IN E.P.NO.16/2014 VIDE ANNEXURE-J BY ALLOWING THE VII FILED BY JDR.NO.2 IN THE INTEREST OF JUSTICE AND EQUITY. B. PASS SUCH ORDER OR ORDERS WHICH THIS HON’BLE COURT DEEMS FIT AND NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: A) To quash the impugned order dated 17/07/2025 passed by the Additional Civil Judge and JMFC Jamkhandi in I.A.No.VII filed by the JDr.no.2 under section 151 of C.P.C. In E.P.No.16/2014 vide Annexure-J by allowing the VII filed by JDr.No.2 in the interest of justice and equity. B. Pass such order or orders which this Hon’ble Court deems fit and necessary under the facts and circumstances of the case. 2. The petitioners are before this Court challenging the order dated 17.07.2025, passed in E.P. No. 16/2014, by the Additional Civil Judge and JMFC, Jamakhandi on I.A. No.7. - 3 - HC-KAR NC: 2025:KHC-D:9910 WP No. 105493 of 2025 3. The grievance of the petitioners/judgment debtors are that the Execution Court has erred in proceeding against the guarantors without first exhausting the remedies available against the principal borrower. 4. Learned counsel for the petitioners submits that unless and until steps are taken against the Judgement Debtor/principal borrower, proceedings cannot be initiated against the guarantors. 5. This contention, however, is not sustainable in law. It is well-settled law that the liability of a guarantor is co-extensive with that of the principal borrower. Unless the contract provides otherwise, the creditor has the option to proceed either against the principal borrower or the guarantor or both, and cannot be compelled to exhaust remedies against one before proceeding against the other. 6. The Execution Court, having rejected the application filed by the petitioners, has acted well within its - 4 - HC-KAR NC: 2025:KHC-D:9910 WP No. 105493 of 2025 jurisdiction. The petitioners, despite multiple opportunities, have not shown any willingness to discharge the debt either fully or partially. Hence, challenge to the order dated 17.07.2025 passed on I.A. No.7 in E.P. No. 01/2014 is rejected. 7. This Court finds no grounds to interfere with the impugned order passed by the Executing Court. Accordingly, the writ petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT:PA/LIST NO.: 1 SL NO.: 32