- 1 - HC-KAR NC: 2025:KHC-D:17769 WP No. 109467 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109467 OF 2025 (GM-CPC) BETWEEN: 1. SHIVANAND S/O. ERAPPA UPASI, AGE: 30 YEARS, R/O. YALAGACHI, HAVERI-581213. 2. MANJUNATH S/O. SUBHASH PUJAR, AGE: 28 YEARS, R/O. CHOUDRI CHALA BASAVESHWARA NAGAR, BYADAGI, HAVERI-581106. …PETITIONERS (BY SRI. KAMALAKAR M. SANKESHWAR, ADVOCATE) AND: M/S. KANAKADURGA FINANCE LTD., A PUBLIC LIMITED COMPANY HAVING ITS REGIONAL OFFICE AT NO.5, 1ST FLOOR, 5TH A CROSS, 24TH MAIN, JP NAGAR, 2ND PHASE, NEAR RV DENTAL COLLEGE, BENGALURU-560078. REPRESENTED BY IT’S REGIONAL MANAGER, SRI. K.VEERENDRA S/O. K. VEERAIAH. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING AND SETTING ASIDE THE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.11 15:01:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17769 WP No. 109467 of 2025 IMPUGNED ORDER DATED 17.11.2025 PASSED ON I.A. NO.1 OF 2025 IN EXECUTION PETITION NO.03/2022 BY THE IST ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI, ATTACHING IMMOVABLE PROPERTY BEARING SY.NO.9/2+3/A MEASURING 1 ACRE 04 GUNTAS OUT OF 3 ACRE 06 GUNTAS SITUATED AT AGASANMATTI VILLAGE, HAVERI TALUK, HAVERI DISTRICT AND THE CONSEQUENTIAL PROCLAMATION WARRANT ISSUED UNDER ORDER XXI R.54(2) OF CPC VIDE ANNEXURE-D IN THE ENDS OF JUSTICE AND ETC. 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) This petition is filed assailing the order dated 17.11.2025 passed on I.A.No.1 in Execution Petition No.3/2022 on the file of I Additional District Judge, Haveri, wherein the property of the judgment debtors has been attached. 2. Learned counsel appearing for the petitioners submits that the petitioners/judgment debtors were not heard before passing the order, and that no enquiry was conducted. - 3 - HC-KAR NC: 2025:KHC-D:17769 WP No. 109467 of 2025 3. The execution petition is filed to execute the award. It is not the case of the judgment debtors that they have made payment in terms of the award. 4. Under these circumstances, the petition challenging the attachment order cannot be entertained. Accordingly, the petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT-MCK List No.: 1 Sl No.: 34