- 1 - HC-KAR NC: 2025:KHC-D:17599 WP No. 108781 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108781 OF 2025 (GM-CPC) BETWEEN: SRI. KOTRAPPA S/O. RUDRAPPA MALAGIMANI, AGE: 61 YEARS, OCC: AGRICULTURIST, R/O. KURUBGONDA VILLAGE, TQ: AND DIST: HAVERI. …PETITIONER (BY SRI. B.C. JNANAYYASWAMI, ADVOCATE) AND: SRI. RAGHAVENDRAGOUDA S/O. SHIVANAGOUDA PATIL, AGE: 42 YEARS, OCC: AGRICULTURIST, R/O. KURUBGONDA VILLAGE, TQ AND DIST: HAVERI-581110. …RESPONDENT (BY SRI. PRAVEEN G. KULKARNI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 04.11.2025 PASSED BY LEARNED SENIOR CIVIL JUDGE AND JMFC, BYADAGI IN EX NO.16/2025 ARISING OUT OF ON I.A.NO. III FOR ATTACHMENT OF LANDED PROPERTY BEARING SY NO.11/1 MEASURING 4 ACRE 6 GUNTAS SITUATED AT BANNIHALLI VILLAGE, VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17599 WP No. 108781 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed challenging the order dated 04.11.2025 in Execution Case No.16/2025 on the file of Senior Civil Judge, Byadagi. 2. In terms of the impugned order, the Executing Court has scheduled the auction of the petitioner's property on 02.01.2026. 3. Learned counsel for the petitioner submits that petitioner is willing to pay ₹2,00,000/- today and he may be permitted to pay the balance amount by next date. 4. Learned counsel for the respondent submits that the settlement took place before the Court on 10.02.2018 wherein respondent has agreed to receive ₹7,00,000/- and till today, the amount is not paid. Taking undue advantage of the situation that there is no interest awarded in terms of the said settlement, the petitioner is unnecessarily dragging the hearing. - 3 - HC-KAR NC: 2025:KHC-D:17599 WP No. 108781 of 2025 5. It is an admitted fact that the matter was settled between the petitioner and the respondent and the petitioner was required to pay ₹7,00,000/- within 3 months. More than 6 years have elapsed, since the settlement. 6. Under these circumstances, no case is made out to stay the auction. 7. Hence, the following: ORDER i. The petition is dismissed. ii. Learned counsel for the petitioner has paid ₹2,00,000/- to the learned counsel for the respondent and respondent acknowledges the payment of the same. iii. Under these circumstances, there cannot be a sale for recovery of ₹7,00,000/-. The sale can proceed for recovery of ₹5,00,000/-. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT-MCK List No.: 1 Sl No.: 158