- 1 - HC-KAR NC: 2025:KHC-D:10171 WP No. 105727 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105727 OF 2025 (GM-CPC) BETWEEN: 1. SHRI. CHANDRAKANT S/O. VENKAJI KULKARNI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: BYAKOD, TAL: RAIBAG, DIST: BELAGAVI – 586 208. 2. SHRI. ANNARAO @ ANIL S/O. CHANDRAKANT KULKARNI, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: BYKOD, TAL: RAIBGA, DIST: BELAGAVI – 586 208. …PETITIONERS (BY SRI. GANAPATASA R. RAIBAGI, ADVOCATE) AND: SHRI GURULINGAPPA MAHISHWADAGI SINCE DECEASED BY HIS LEGAL HEIRS 1. SMT. SAVITA RAMESH SANAMANI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: KALLALLI, TQ: MUDALAGI, DIST: BELAGAVI – 571 105. 2. SMT. SHRIDEVI RAMESH SLIGLI, AGE: 38 YEARS, OCC: AGRICULTURE, R/O ANNIGERI, TQ & DIST: DHARWAD. PIN CODE: 582 201. 3. SMT. DANESHWARI RAJU KADABI, AGE: 34 YEARS, OCC: AGRICULTURE, R/O GOKAK, TQ: GOKAK, DIST: BELAGAVI-591 218. SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.16 10:55:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10171 WP No. 105727 of 2025 4. SHRI. BASAPPA S/O. GURLINGAPPA MAHISHWADAGI, AGE: 31 YEARS, OCC: AGRICULTURE, R/O NAVALAGI, TQ: RABAKAVI-BANAHTTI, DIST: BAGALKOT-586214. 5. SHRI. DANESH S/O. GURLINGAPPA MAHISHWADAGI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O NAVALAGI, TQ: RABAKAVI-BANAHTTI, DIST: BAGALKOT – 586 214. 6. SMT. NANDA W/O. RANGA SWAMI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: PARAMANADWADI, TAL. RAIBAG, DIST: BELAGAVI – 591 311. 7. SMT. DHANASHREE W/O. SACHIN KULKARNI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: UMARANI, TAL. CHIKODI, DIST: BELAGAVI – 591 222. 8. SMT. LAXMI W/O. VENKATESH KULKARNI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: BYKOD, TAL: RAIBAG, DIST: BELAGAVI – 586 208. 9. PRAJWAL S/O. VENKATESH KULKARNI, AGE: MINOR, OCC: NIL, R/O: BYKOD, TAL: RAIBAG, DIST: BELAGAVI – 586 208. (SINCE MINOR, R/BY BY HIS MOTHER AND NATURAL GUARDIAN, THE RESPT NO.8 HEREIN SMT. LAXMI W/O VENKATESH KULKARNI). …RESPONDENTS (NOTICE TO RESPONDENTS IS DESPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO QUASH THE IMPUGNED ORDERS DATED 08.04.2025, 28.04.2025, 21.06.2025 AND 18.07.2025 AND ALL CONSEQUENTIAL ACTIONS, INCLUDING THE ARREST WARRANT ISSUED AGAINST THE PETITIONERS IN EXECUTION PETITION NO.2/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, RAIBAG, PRODUCED AT ANNEXURE-C AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:10171 WP No. 105727 of 2025 THIS WRIT 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. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. Petitioners are before this Court seeking for the following reliefs: A. Issue a Writ of Certiorari or any other appropriate writ, order, or direction to quash the impugned orders dated 08.04.2025, 28.04.2025, 21.06.2025 and 18.07.2025 and all consequential actions, including the arrest warrant issued against the Petitioners in Execution Petition No.2/2024 on the file of the Senior Civil Judge and JMFC, Raibag, produced at Annexure-C. B. Pass such other orders as this Hon’ble Court deems fit and proper in the interest of justice and equity. 3. The petitioners are aggrieved by issuance of arrest warrant against the petitioners which has been so issued on account of the petitioners not complying with the decree which had been passed. 4. On enquiry, learned counsel for the petitioners submits that the petitioners have filed an appeal before this Court in FR RFA No.100280/2025. - 4 - HC-KAR NC: 2025:KHC-D:10171 WP No. 105727 of 2025 5. If such an appeal has been filed, an application for staying the execution proceedings would be required to be filed in the said appeal and not by way of the present written petition. 6. Reserving such liberty, petition stands disposed. 7. Learned counsel for the petitioners submits that necessary application would be filed before 18.08.2025. 8. In that view of the matter, the arrest warrant issued in Execution Petition No.2/2024 on the file of the Senior Civil Judge and JMFC, Raibag is stayed till 23.08.2025. 9. If the application is not filed by 18.08.2025, the interim order granted above would stand automatically vacated. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 10