- 1 - HC-KAR NC: 2025:KHC-D:15201-DB WA No. 100516 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100516 OF 2025 (GM-CON) BETWEEN: 1. BASANAGUODA R. GOUDAR AGE:45 YEARS, OCC: GOVT EMPLOYEE, R/O: NO.76A/5F, VENKATADRI COLONY, NADIGER COMPOND, SAPTAPUR DHARWAD. TQ: DHARWAD, DIST: DHARWAD. (EX. PETN NO.205/2023). 2. SMT. RENUKA K. VADEYANPUR AGE: 55 YEARS, OCC: HOUSEHOLD, R/O: VIDYANAGAR, HIREKERUR, TQ: HIREKERURU, DIST: HAVERI. (EX. PETN NO.205/2023). 3. SHRI SIDDAPPA M. SHIVANOOR AGE: 40 YEARS, OCC: LECTURER, R/O: PHILP KOTE, DEENBANDHU COLONY, NEAR BASEL MISSION SCHOOL, KARWAR ROAD, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD (EX. PETN NO.206/2023) Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15201-DB WA No. 100516 of 2025 4. SHRI CHINTAMANI I. SURPUR AGE: 56 YEARS, OCC: GOVT. EMPLOYEE, R/O: SUPERINTENDENT OF POST OFFICE, BAGALKOT DIVISION, BAGALKOT TQ: BAGALKOT, DIST: BAGALKOT (EX. PETN NO.207/2023). 5. SHRI KALLAPPA H. MATTI AGE: 48 YEARS, OCC: BUSINESS, R/O: H.NO.37, GHANTIKERI ONI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD (EX. PETN NO.208/2023) 6. SMT. GIRIJA P. CHAVANAVAR AGE: 50 YEARS, OCC: HOUSEHOLD, R/O: PLOT NO.79/1, KIADB, TAPOVAN, HALIYAL ROAD, DHARWAD, TQ: DHARWAD, DIST: DHARWAD. (EX. PETN NO.209/2023) 7. SHRI SHRIKANT H. MATTI AGE: 48 YEARS, OCC: BUSINESS, R/O: H.NO.37, GHANTIKERI ONI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD (EX. PETN NO.210/2023) 8. MRS. RASHMI R. MUSHANNAVAR AGE: 37 YEARS, OCC: TEACHER, R/O: H.NO.101, KCC BANK COLONY, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. (EX. PETN NO.211/2023) 9. MR. SUNIL D. BHAGALE AGE: 44 YEARS, OCC: PRIVATE SERVICE, R/O: RENUKA SINGAD, BLOCK NO.4, H.NO.37, NEW POLICE QUARTER, KARWAD ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD (EX. PETN NO.213/2023) - 3 - HC-KAR NC: 2025:KHC-D:15201-DB WA No. 100516 of 2025 10. SHRI VISHWANATH B. HIREMANI AGE: 38 YEARS, OCC: TEACHER, R/O: H.NO.101, KCC BANK COLONY, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD (EX. PETN NO.221/2023) 11. MR. MANOHAR T. CHAVAN AGE: 40 YEARS, OCC: PRIVATE SERVICE, R/O: IIIRD FLOOR, NARAYAN BUILDING, NEAR BROKE FIELD BENGALURU, TQ: BENGALURU, DIST: BENGALURU. (EX. PETN NO.221/2023) 12. MRS. NIRMALA BSAPPA. HILAGAMMANAVAR AGE: 38 YEARS, OCC: GOVT. EMPLOYEE, R/O: C/O: B.N. HULAGAMMANAVAR, H.NO.133, 3RD CROSS, KOPPADAKERI, JANATA COLONY, MALAPUR, DHARWAD, TQ: DHARWAD, DIST: DHARWAD (EX. PETN NO.223/2023) 13. MR. NAGARAJ BASAPPA HULAGAMMANAVAR AGE: 34 YEARS, OCC: GOVT EMPLOYEE, R/O: C/O: B.N. HULAGAMMANAVAR, H.NO.133, 3RD CROSS, KOPPADAKERI, JANATA COLONY, MALAPUR, DHARWAD, TQ: DHARWAD, DIST: DHARWAD (EX. PETN NO.223/2023) 14. MR. RAMACHADRA D. PATTAR AGE: 46 YEARS, OCC: PRIMARY SCHOOL TEACHER, R/O: SHRI DUNDAPPA NILAYA, 3RD CROSS, GANESH COLONY, NEKAR NAGAR, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD (EX. PETN NO. 2/2024) 15. DR. SAMPATHLAXMI I. HUGAR AGE: 54 YEARS, OCC: MEDICLE PRACTIONER, - 4 - HC-KAR NC: 2025:KHC-D:15201-DB WA No. 100516 of 2025 R/O: # C/O: I I HUGAR, BAIF POST BOX NO.3 SHARADA NAGAR, NEAR HASAN CIRCLE, TIPTOOR TQ: TIPTOOR, DIST: TUMKURU (EX. PETN NO. 214/2023) …APPELLANTS (BY SRI. GANGADHAR S. HOSAKERI,ADVOCATE) AND: MR. SHIVANGOUDA R. PATIL AGE: 53 YEARS, OCC: PARTNER, R/O. M/S. PRUTHVI BUILDERS AND DEVELOPERS, SHOP NO 14A/B, IIND FLOOR, WALI ARCADE, OPP J. G. COMMERCE COLLEGE, VIDYANAGAR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD. …RESPONDENT (BY SRI. M.L. VANTI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 15.07.2025 PASSED BY THE HON’BLE LEARNED SINGLE IN WP NO.104623/2025 (GM-CON) IN SO FAR AS IT RELATES TO THE QUASHING ORDER DATED 21.06.2025 PASSED BY THE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION, DHARWAD, IN EXECUTION PETITION NOS.204/2023, 205/2023, 206/2023, 207/2023, 208/2023, 209/2023, 210/2023, 211/2023, 213/2023, 217/2023, 221/2023, 222/2023, 223/2023, 2/2024, 214/2023, IN SO FAR AS APPELLANTS ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 5 - HC-KAR NC: 2025:KHC-D:15201-DB WA No. 100516 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This writ appeal filed under Section 4 of the Karnataka High Court Act, 1961 is directed against the order dated 15.07.2025 in W.P.No.104623/2021, whereunder, the learned single judge passed the following order:- “i. This petition is partly allowed. ii. The order dated 21.06.2025 passed by the District Consumer Dispute Redressal Commission, Dharwad in Execution Petition Nos.136/2024, 204/2023 to 211/2023, 213/2023, 217/2023, 221/2023, 222/2023, 223/2023, 2/24, 134/2024, 196/2024, 228/2024, 229/2024, 214/2023, 156/2024, 157/2024, 120/2024, 119/2024, 22/2024, 23/2024 are hereby quashed. iii. The petitioner is ordered to be released from the civil imprisonment with a condition that the petitioner shall make payment to each of the respondents totaling to approximately Rs.1,50,00,000/- and odd within a period of three months. iv. The DCDRC shall grant three months time to make good the payment. v. It is made clear that if the petitioner does not make good the payment to each of the respondents/complainants, this order would not enure to his benefit. The respondents / complainants are at liberty to execute the impugned order.” - 6 - HC-KAR NC: 2025:KHC-D:15201-DB WA No. 100516 of 2025 2. Heard learned counsel Sri.Gangadhara S. Hosakeri, advocate for appellants and Sri.M.L.Vanti for respondent and perused the material on record. 3. The impugned order would indicate that learned single judge directed for release of respondent from imprisonment with the condition that the petitioner shall make payment to each of the appellants totaling approximately Rs.1,50,00,000/- within a period of three months. However, it is noticed that the execution petition is pending before the District Consumer Dispute Redressal Commission, Dharwad. 4. Learned counsel for the appellants also submitted that, on 05.11.2025, as the respondent herein failed to appear, warrant has been issued by the District Commission in the pending execution. The learned single Judge also observed that if the respondent-petitioner before the learned single judge fails to make payment as directed, the order would not enure to his benefit. - 7 - HC-KAR NC: 2025:KHC-D:15201-DB WA No. 100516 of 2025 5. It is unfortunate that the respondent in terms of the learned single judge’s order or in terms of the order dated 21.06.2025 passed by the District Consumer Dispute Redressal Commission, Dharwad, has failed to make payment within the time granted under the impugned order i.e. three months has come to an end on 14.10.2025 or thereafter. 6. In the above circumstances and as the respondent has failed to make payment, learned single Judge’s order would not enure to the benefit of the respondent. As the time granted by the learned Single Judge has expired or come to an end, nothing survives for consideration. 7. With the above observations, writ appeal stands disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB LIST NO.: 1 SL NO.: 33