- 1 - HC-KAR NC: 2025:KHC-D:11679 WP No. 106415 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106415 OF 2025 (GM-CPC) BETWEEN: 1. SMT. GIRIJAVVA W/O. BASANGOUDA PATIL @ SIDDANGOUDA, AGE: 67 YEARS, OCC. HOUSEHOLD, R/O. VARUR, TQ. HUBBALLI-580023. 2. MALLIKARJUNGOWDA S/O. BASANGOUDA PATIL @ SIDDANGOUDA, AGE: 45 YEARS, OCC. ADVOCATE AND AGRICULTURE, R/O. VARUR, TQ. HUBBALLI- 580023. 3. SIDDANGOUDA S/O. BASANGOUDA PATIL @ SIDDANGOUDA AGE: 67 YEARS, OCC. HOUSEHOLD, R/O. VARUR, TQ. HUBBALLI-580023. …PETITIONERS (BY SRI. ROHIT L. SHEELVANT, ADVOCATE) AND: 1. SMT. GANGAWWA W/O. SHANKARGOWDA PATIL, AGE: 65 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. BOMMAPUR ONI, HUBBALLI-580023. 2. SMT. NEELAWWA W/O. VEERBHADRAPPA NOOLVI, AGE: 60 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11679 WP No. 106415 of 2025 R/O. KUNDGOL, DIST. DHARWAD- 580001. 3. SHRI BASANGOWDA S/O. VEERBHADRAGOWDA PATIL, AGE: 42 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. SHADAMBI, TQ. DIST. HAVERI- 581110. 4. SHRI VISHALA S/O. VEERBHADRAGOWDA PATIL, AGE: 35 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. SHADAMBI, TQ. DIST. HAVERI- 581110. 5. SHRI PRABHUGOWDA S/O. VEERBHADRAGOWDA PATIL, AGE: 37 YEARS, OCC. AGRICULTURE, R/O. SHADAMBI, TQ. DIST. HAVERI- 581110. 6. SHRI VIRUPAXGOWDA S/O. VEERBHADRAGOWDA PATIL, AGE: 34 YEARS, OCC. AGRICULTURE, R/O. SHADAMBI, TQ. DIST. HAVERI- 581110. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: I) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 01/08/2025 ON IA NO. V PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HUBBALLI IN EXC NO. 242/2018 PRODUCED AT ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11679 WP No. 106415 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction and quash the order dated 01/08/2025 on IA No. V passed by the II Additional Senior Civil Judge and JMFC Hubballi in EXC No. 242/2018 produced at Annexure-H in the interest of justice and equity. ii. Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice and equity. 2. I.A.No.5 was filed in Execution No.242/2018 seeking summoning of certain witnesses and production of an original receipt said to be in the custody of witness No.3 in the said list. 3. The contention of the petitioners was that, in pursuance of the decree passed in O.S.No.266/2010, the petitioners, who are judgment debtors, had agreed to make payment of a sum of ₹7,50,000/-. The contention of the petitioners is that, they had - 4 - HC-KAR NC: 2025:KHC-D:11679 WP No. 106415 of 2025 borrowed the aforesaid amount from Siddappa Basappa Harakuni and made payment of the said monies to the decree holders. The original of the receipt is with Smt.Neelavva Veerangouda Umachagi, and as such, those persons were required to be called upon as witnesses in the present matter. 4. Having heard the learned counsel for the petitioners, the obligation of making payment of the monies being on the judgment debtors i.e., the petitioners, it was for the petitioners to establish by cogent evidence as to whether they have paid the money as agreed upon in terms of the decree in O.S.No.266/2010. If at all they have actually paid the money by borrowing the monies from Siddappa Basappa Harakuni, and the receipt is with Neelavva Veeranagouda Umachagi. Neelavva, who even according to the petitioners is the mother of JDR No.1 and grandmother of JDR Nos.2 and 3, it was but required for the petitioners to have - 5 - HC-KAR NC: 2025:KHC-D:11679 WP No. 106415 of 2025 secured the same from the said Neelavva and have submitted as documentary evidence. 5. It appears that the said application is only filed to protract the proceedings, and as such, the order passed by the trial Court being proper and correct does not require any interference. 6. In that view of the matter, the petition is dismissed at the admission stage itself. Liberty is reserved to the petitioners to secure the receipt available with Neelavva and present it before the Executing Court. Sd/- (SURAJ GOVINDARAJ) JUDGE gab List No.: 1 Sl No.: 13