- 1 - HC-KAR NC: 2025:KHC-D:10205 CRP No. 100022 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL REVISION PETITION NO. 100022 OF 2025 BETWEEN: HONNAVAR URBAN CO-OPERATIVE BANK HONNAVAR, TALUK. HONNAVAR BY ITS GENERAL MANAGER SRI. RAJEEV GOVIND SHANBHAG AGE: 59 YEARS, R/O. HONNAVAR DIST. UTTARA KANNADA-581334. …PETITIONER (BY SRI. J.S. SHETTY, ADVOCATE) AND: 1. HASAN S/O. AHAMED DAKSHI AGE: 76 YEARS, OCC. FISHERMAN, R/O. KASARKOD VILLAGE, PAIKE TONKA, TQ. HONNAVAR, DIST. UTTARA KANNADA-581334. 2. SRI. ADAM ABDUL REHAMAN MULLA AGE: 44 YEARS, OCC. PENSIONER, R/O. HIREMATH KASARKOD, TQ. HONNAVAR, DIST. UTTARA KANNADA-581334. 3. SRI. USMAN IBRAHIM SAB AGE: 64 YEARS, OCC. FISHERMAN, R/O. TONKA, PO. KASARKOD, TQ. HONNAVAR, DIST. UTTARA KANNADA-581334. 4. SRI. SHEIKH SARADAR SHEIKH IBRAHIM AGE: 62 YEARS, OCC. PLASTIC BUSINESS, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.20 10:42:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10205 CRP No. 100022 of 2025 R/O. PRABHATNAGAR, POST. PRABHATNAGAR, TQ. HONNAVAR, DIST. UTTARA KANNADA-581334. 5. SRI. SAYYED MARTUJA SAYYED FAKIR AGE: 70 YEARS, OCC. DRIVER, R/O. NEAR SARFI CENTER, SHANTINAGAR, TQ. HONNAVAR, DIST. UTTARA KANNADA-581334. 6. SMT. SAHIDA KOM SAYYED MARTUJA AGE: 66 YEARS, OCC. HOUSEWIFE, R/O. NEAR SHAFI CENTER, SHANTINAGAR, TQ. HONNAVAR DIST. UTTARA KANNADA-581334. …RESPONDENTS (BY SRI. S.S. BAWAKHAN, ADVOCATE FOR RESPONDENT NO.1) (RESPONDENTS NO.2 AND 4 DELETED AS PER THE ORDER OF THIS COURT DATED 26.05.2022) (NOTICE TO RESPONDENTS NO.3, 5 AND 6 - SERVED) THIS CRP IS FILED UNDER SECTION 115 OF THE CIVIL PROCEDURE CODE, PRAYING TO CALLING FOR THE RECORDS OF THE EXECUTION CASE NO.81/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC HONNAVAR AT HONNAVAR, THE ORDER DATED 01.12.2021 PASSED IN THE SAID EXECUTION CASE NO.81/2016, BY THE SENIOR CIVIL JUDGE AND JMFC HONNAVAR AT HONNAVAR, THE IN MAY KINDLY BE SET ASIDE AND ALLOWING THIS REVISION PETITION, WITH COST THROUGHOUT, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10205 CRP No. 100022 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The petitioner who is the decree holder in Execution Petition No.81/2016 on the file of the Senior Civil Judge and JMFC, Honnavar, has filed this revision petition praying to set aside the order dated 01.12.2021 by allowing this revision petition. 2. I have heard arguments of both sides. 3. The petitioner-Honnavar Urban Co-operative Bank, Honnavar has filed the execution petition under Order-XXI Rule 11 of the CPC to execute the Award dated 23.11.2016 passed by the Arbitrator. 4. Learned counsel for the petitioner submits that the execution case was posted on 15.12.2021. Without notifying the decree holder, the executing Court has advanced the case on 01.12.2021 and in the absence of decree holder, the executing Court has dismissed the execution petition as not maintainable. The executing Court has not followed principles of natural justice and has - 4 - HC-KAR NC: 2025:KHC-D:10205 CRP No. 100022 of 2025 not provided an opportunity to the decree holder for his say, before passing the impugned order. Further, he would submit that the Writ Petition No.100891/2017(CS-RES) filed by Hasan S/o. Ahmed Dakshi against the General Manager, Honnavar Urban Co-operative Bank and others, which came to be allowed vide order dated 25.10.2021. The said order was challenged by the Honnavar Urban Co- operative Bank in Writ Appeal No.100291/2021 and an interim order of stay has been obtained. On all these grounds sought for allowing of this revision petition. 5. It is evident from the order sheet dated 15.12.2021 of Execution Petition No.81/2016 that the said case was posted to produce the certified copy and on 01.12.2021, the trial Court has passed the order, which is as under : “Case advanced. Dhr absent. Jdr No.1 is present. Sri VRN, advocate for Jdr No.1 filed memo with certified copy of order passed by the - 5 - HC-KAR NC: 2025:KHC-D:10205 CRP No. 100022 of 2025 Hon’ble High Court of Karnataka, Dharwad bench in WP.No.100891/2017 (CS-RES) wherein it is ordered that respondent No.1/Dhr is liable to make payment of insured amount of Rs.5,00,000/- to the writ petitioner/Jdr No.1 after deducting amount due by the Jdr No.1. So Dhr is liable to pay a sum of Rs.5,00,000/- to the Jdr No.1 which was pertaining to insurance policy of Fishing Boat which was sunk in the sea on 07.02.2001. So the Dhr ought to have paid the insurance amount of Rs.5,00,000/- in the year 2001 itself. Dhr filed the present EP for recovery of amount of Rs.3,69,950/- as per the award passed in JRLB-DDS No.1222/2001-2002 dated 01.09.2001 and therefore the Jdr No.1 not liable to pay any interest on that amount as Dhr himself is liable to pay insurance amount to Jdr No.1. Therefore, the balance loan amount payable by the Jdr No.1 to Dhr pertaining to loan available by him for purchase of shipping boat is lesser than the insurance amount payable by the Dhr to Jdr No.1. - 6 - HC-KAR NC: 2025:KHC-D:10205 CRP No. 100022 of 2025 Hence, Execution Petition is not maintainable and accordingly dismissed.” 6. The impugned order passed by the Senior Civil Judge and JMFC, Honnavar reveals that the executing Court has not provided any opportunity to the decree holder to have his say about the order passed by this Court in Writ Petition No.100891/2017. 7. A perusal of the observation made at paragraph No.23 of the order passed in WP.No.100891/2017 reads thus : “The respondent No.1-Bank is held to be liable to make payment of the insured amount of Rs.5 lakhs under the Insurance Policy, the respondent No.1-Bank is however permitted to deduct the amount due by the petitioner on the loan account from and out of the said amount and make payment of the balance amounts, if any to the petitioner. With the above observation, the petition is disposed off.” - 7 - HC-KAR NC: 2025:KHC-D:10205 CRP No. 100022 of 2025 8. The total execution amount shown in the Execution Petition is Rs.11,13,550/-. The executing Court has not discussed anything in this regard. Therefore, it is just and proper to set aside the impugned order and remit back the matter to the executing Court to provide opportunity to both parties to submit their objections/arguments before passing any orders. Accordingly, I pass the following : ORDER (i) Petition is partly allowed. (ii) The impugned order dated 01.12.2021 passed by the Senior Civil Judge and JMFC, Honnavar is set aside. (iii) The Execution Petition No.81/2016 on the file of Senior Civil Judge and JMFC, Honnavar shall be restored to its file. (iv) Both parties are at liberty to file any objections/arguments regarding orders passed by this Court in Writ Petition - 8 - HC-KAR NC: 2025:KHC-D:10205 CRP No. 100022 of 2025 No.100891/2017(CS-RES) and the interim order passed in Writ Appeal No.100291/2021. (v) After providing opportunity to both parties, the executing Court shall proceed with the case in accordance with law. (vi) Both parties are directed to appear before the executing Court on 03.09.2025. (vii) Registry to send copy of this order to the concerned Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 55