- 1 - HC-KAR NC: 2025:KHC-D:11905 WP No. 106664 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106664 OF 2025 (GM-CPC) BETWEEN: KHAZI GULAM GHOUSE SIDDIQUE S/O. LATE KHAZI GULAM MOHAMMAD SIDDIQUE, AGE: 70 YEARS, OCC. SIR KHAZI OF MUSLIM COMMUNITY, R/O. D.NO.5, WARD NO.12, KHAZI STREET, BALLARI-581301. …PETITIONER (BY SRI. SABEEL AHMED AND SRI. MD. ABRAR S., ADVOCATES) AND: M.S. MEHABOOB BASHA S/O. LATE M.S. MOHAMMED HUSSAIN SAB, AGE: 52 YEARS, R/O. DOOR NO.8, WARD NO.09 BANGALORE ROAD, BALLARI-583101. …RESPONDENT (BY SRI. SRINAND A. PACHCHAPURE AND SMT. PALLAVI PACHCHAPURE, ADVOCATES FOR C/R1) THIS WP IS FILED UNDER ORDER 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I. ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED. 02-04-2025 PASSED BY THE HON BLE 3RD ADDITIONAL CIVIL JUDGE AND JMFC AT BALLARI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11905 WP No. 106664 of 2025 IN EP NO. 179/2013 ON IA NO. 10 AS PER ANNEXURE-M AND CONSEQUENTLY TO ALLOW THE SAME 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 SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a Writ Of Certiorari or any other order or direction, quashing the impugned Order dated 02-04-2025 passed by the Hon’ble 3rd Additional Civil Judge and JMFC at Ballari in E.P. No. 179/2013 on IA No. 10 as per Annexure-M and consequently to allow the same. ii. Issue any other appropriate Writ or Order or Direction which deems fit by this Hon’ble Court. 2. The petitioner is aggrieved by the order of rejection of IA No.10 filed under Order XLVII Rule 1 of the Code of Civil Procedure, for review of the earlier order passed on IA Nos.8 and 9 dated 06.01.2022. Vide the order dated 06.01.2022, the application for recall of PW1 for cross examination was rejected. - 3 - HC-KAR NC: 2025:KHC-D:11905 WP No. 106664 of 2025 3. The submission of learned counsel for the petitioner is that it is the decree holder who has been delaying the matter. The judgment debtor has been always ready and has co-operated with the Court for early disposal of the execution petition and as such the judgment debtor is required to be given an opportunity to cross- examine the decree holder. 4. It is in that background that this Court has gone through the entire order sheet in EP No.179 of 2013. The said execution petition having been filed in the year 2013, the decree holder had filed IA No.1 seeking for restoration of the compound wall demolished allegedly in violation of the compromise decree. On the said application having been filed, a perusal of the order sheet indicates that the judgment debtor took multiple adjournments to file objections to the said application and thereafter thus it is the judgment debtor who has been seeking for adjournments time and time again as is clearly seen from the order sheet. - 4 - HC-KAR NC: 2025:KHC-D:11905 WP No. 106664 of 2025 Many a time, there was no representation on the part of the judgment debtor requiring the Court to adjourn the hearing on IA No.1 filed in the said proceedings. It is finally after nearly 8 years that the said application could be considered and order passed on 15.07.2021 rejecting IA No.1 by holding that until an enquiry is conducted, such a direction cannot be issued. 5. Once the matter was posted for enquiry, the decree holder immediately led his evidence. On 27.07.2021 the judgment debtor sought for time again. On 02.08.2021, when the judgment debtor was not represented, the Court was constrained to hold the cross-examination of PW.1 as nil and posted the matter for further evidence and thereafter for the defendant’s evidence, as regards which the judgment debtor sought time on 04.08.2021. 6. Subsequently, two more adjournments were taken by the judgment debtor, and thereafter, IA Nos . 5 and 6 - 5 - HC-KAR NC: 2025:KHC-D:11905 WP No. 106664 of 2025 were filed for reopening the case, which came to be allowed on 25.08.2021 by imposing a cost of ₹2,000/, and the matter was posted for cross-examination of the decree holder. Judgment debtor sought for adjournment on 01.09.2021, subsequently on 07.09.2021, 27.09.2021 and on 28.09.2021 again adjournment was sought for finally the judgment debtor partly cross-examined the decree holder. 7. On 05.10.2021 an application was filed for summoning the entire records in OS No.134/2003 from the Central Record Room which came to be allowed on cost of ₹500/-. When the matter was taken up on 08.10.2021 the judgment debtor did not cross-examine. On 26.10.2021 when the matter was taken up for cross- examination the judgment debtor made a submission that the documents which the judgment debtor requires is not found in the record in OS No. 134/2003 and sought for an adjournment. It is at that stage that once again the Execution Court was constrained to - 6 - HC-KAR NC: 2025:KHC-D:11905 WP No. 106664 of 2025 take the further cross-examination of PW.1 as nil and posted the matter for respondent’s evidence. Thereafter after taking one more adjournment on 06.12.2021, applications under IA Nos.8 and 9 were filed for re-opening the case and for recall of PW.1 for further cross-examination. The said applications came to be rejected vide order dated 06.01.2021. 8. Thereafter, there have been several adjournments and finally on 05.03.2022, the judgment debtor filed an application in IA No.10 for review of the order passed on IA Nos.8 and 9. 9. Even as regards this application, the judgment debtor sought several adjournments to address arguments and, in the meanwhile, requested that the matter be referred to Lok-adalat, and subsequently did not address the arguments for a considerable period of time. - 7 - HC-KAR NC: 2025:KHC-D:11905 WP No. 106664 of 2025 10. Learned counsel for the judgment debtor has sought an adjournment at least for more than 20 occasions, and it is finally arguments were heard, orders were pronounced on IA No. 10 rejecting the same, on 02.04.2025. Thus, even on the application in IA No. 10, the judgment debtor has sought for and delayed the matter for more than 3 years. 11. A perusal of the entire order sheet indicates that from the year 2013 till the year 2025, when orders were passed on IA No.10, the judgment debtor has been successful in seeking for and obtaining adjournments after adjournments and delaying the matter on one ground or another. This, in my considered opinion, is a gross abuse of the process of Court, inasmuch as the execution petition has been pending for the last 12 years, on account of the deliberate attempts made by the petitioner/judgment debtor to delay the matter. - 8 - HC-KAR NC: 2025:KHC-D:11905 WP No. 106664 of 2025 12. Merely because if the execution petition is allowed, there is likelihood of the petitioner being imprisoned would not give scope for this Court to consider the request of the petitioner to recall the decree holder for cross examination when the Decree Holder has been diligent in prosecuting EP No.179/2013, by closing its eyes to the abuse of the process of Court resorted to by the judgment debtor. Hence, I do not find any reasons to interfere in the matter. 13. This petition is also one more ruse adopted by the judgment debtor to delay the proceedings. Hence, the above petition is dismissed, imposing a cost of ₹10,000/- payable to the Karnataka State Legal Services Authority within a period of 4 weeks from today. If the same is not paid by then, the Karnataka State Legal Services Authority is at liberty to recover the same from the petitioner as arrears of land revenue. Registry is directed to forward a copy of this - 9 - HC-KAR NC: 2025:KHC-D:11905 WP No. 106664 of 2025 order to the Member Secretary Karnataka State Legal Services Authority 14. The Executing Court is directed to dispose EP No.179/2013 as expeditiously as possible since the same has been pending for more than 12 years. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 18