- 1 - HC-KAR NC: 2025:KHC-D:14197 WP No. 104064 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104064 OF 2025 (GM-CPC) BETWEEN: E SATHYANARAYANA S/O LATE E HANUMAIAH AGED ABOUT 54 YEARS RESIDING AT D.NO 231 1ST FLOOR, VASUDA NILAYA, 1ST CROSS, 3RD MAIN, TEACHERS COLONY M. P. PRAKASH NAGAR, HOSPET VIJAYANAGARA DISTRICT PIN 583201. …PETITIONER (BY SRI. PAVAN SAGAR, ADVOCATE) AND: B. ONKAR REDDY S/O LATE BASARALLI CHENNAPPA AGED ABOUT 64 YEARS RESIDING AT NAGENAHALLI, HOSPET VIJAYANAGAR DISTRICT, PIN 583201. …RESPONDENT (BY SRI. HANUMANTAREDDY SAHUKAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14197 WP No. 104064 of 2025 (I) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE LEARNED PR, SENIOR CIVIL JUDGE AND JMFC, HOSPET, TO CONSIDER THE APPLICATIONS IN IA NOS. II AND III (ANNEXURE E AND F RESPECTIVELY) IN EXECUTION NO. 36/2024 FILED BY THE PETITIONER PENDING ON THE FILE OF THE PR. SENIOR CIVIL JUDGE AND JMFC, HOSPET, EXPEDITIOUSLY AND IN ANY EVENT WITHIN A PERIOD OF ONE MONTH FROM THE DATE OF THE ORDER PASSED BY THIS HONBLE COURT. (II) ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI THEREBY QUASHING THE ORDER-DT. 07.12.2024 IN EXECUTION PETITION NO. 36/2024 ON THE FILE OF THE PR. SENIOR CIVIL JUDGE AND JMFC, HOSPET ISSUING SALARY ATTACHMENT WARRANT AGAINST THE PETITIONER HEREIN THROUGH PAY DRAWING OFFICER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 07.12.2024 passed by the Executing Court in Execution Petition No.36/2024 attaching petitioner's salary. The petitioner also seeks a writ of - 3 - HC-KAR NC: 2025:KHC-D:14197 WP No. 104064 of 2025 mandamus to consider the applications filed at I.A.Nos.2 and 3 in Execution Petition No.36 of 2024, on the file of Prl. Senior Civil Judge., Hospet. 2. It is noticed from the records that suit in O.S.No.12 of 2021, is decreed by the Prl. Senior Civil Judge., Hospet. The said suit is for recovery of Rs.17,08,900/- along with interest at the rate of 6% per annum on Rs.10,00,000/- from the date of filing of the suit i.e., 06.02.2021 till realisation. The Execution Petition No.36 of 2024 is filed by the Decree Holder against the Judgment Debtor. 3. It is noticed from the records that the Trial Court has passed an order of salary attachment stating that objection to the execution petition is not filed. Later, the petitioner filed an application seeking permission to file objection to the main petition at I.A.No.2, I.A.No.3 is filed to recall the order attaching the petitioner's salary. - 4 - HC-KAR NC: 2025:KHC-D:14197 WP No. 104064 of 2025 4. Learned counsel for the petitioner submits that the petitioner has paid Rs.4,21,728/- after the decree. However, no records are produced before this Court. It is stated that the document evidencing payment is placed before the Executing Court. It is his further submission that in view of the attachment of salary, the petitioner is facing some more difficulty in repaying other loan amounts. Learned counsel for the petitioner on instructions would submit that the petitioner would pay Rs.33,000/- every month and within 6 months from today, he will repay balance amount of Rs.12,87,172/-. 5. Learned counsel for the respondent-Decree Holder would submit that the Decree Holder is not admitting payment of Rs.4,21,728/- and it is also his further submission that balance is not Rs.12,87,172/- and it is Rs.20,44,157/- as on 27.04.2024, on which date, the execution petition is - 5 - HC-KAR NC: 2025:KHC-D:14197 WP No. 104064 of 2025 filed. Learned counsel for the Decree Holder submits that on 09.12.2024, Rs.1,30,000/- is received before the Executing Court. 6. This Court has considered the contentions raised at the bar and perused the records. 7. Whether Rs.4,21,728/- is paid after the decree, is a matter which requires adjudication by the Executing Court. The Executing Court shall consider the same by considering the records/evidence to be produced by both the parties. 8. Since it is undertaken by the petitioner that he will pay Rs.33,000/- every month to the Decree Holder, the order attaching salary of the petitioner is vacated subject to petitioner depositing Rs.33,000/- per month before Court and the said amount shall be deposited on or before 10th every month. The undertaking of the petitioner’s counsel that petitioner will pay the balance amount is also placed - 6 - HC-KAR NC: 2025:KHC-D:14197 WP No. 104064 of 2025 on record and the entire balance amount shall be paid within 6 months from today. 9. What is the actual balance amount is the matter which requires adjudication in view of the dispute between the parties relating to payment of part of the decretal amount. The Executing Court shall adjudicate the amount payable in terms of the decree within 2 months from today. 10. The petitioner shall continue to pay Rs.33,000/- per month on or before 10th of every month. In case of single default on the part of the petitioner, the Trial Court shall proceed to attach the salary of the petitioner. 11. It is made clear that this Court has not expressed any opinion as to the payment said to have been made by the petitioner and payment said to have been received by the Decree Holder. That matter requires adjudication by the Executing Court. - 7 - HC-KAR NC: 2025:KHC-D:14197 WP No. 104064 of 2025 12. With these observations, the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM List No.: 1 Sl No.: 37