- 1 - HC-KAR NC: 2025:KHC:35669 WP No. 15974 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15974 OF 2023 (GM-CPC) BETWEEN: H.C. NANJUNDEGOWDA, S/O CHOWDEGOWDA BASAVANAGUDI AGED ABOUT 65 YEARS ARAKESHWARA NAGARA BEHIND JAYABHARATHI SCHOOL MANDYA - 571 436. …PETITIONER (BY SRI. PRAMOD R, ADVOCATE) AND: K.C. NAGAMMA, W/O H.C. NANJUNDEGOWDA C/O PUTTASWAMY AGED MAJOR, 1ST CROSS BASVANAGUDI, ARAKESHWAR NAGAR MANDYA - 571 436. …RESPONDENT (BY SRI. RAJU C.N, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ANNX- E DATED 19.01.2023 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT MANDYA IN EXECUTION PETITION 83/2018 AND ETC., Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35669 WP No. 15974 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 19.01.2023 passed in Execution petition No.83/2018 by which a warrant of arrest is issued against the petitioner for non-compliance of a particular order passed on 16.04.2018. 2. Heard Shri Pramod R., learned counsel appearing for the petitioner and Shri Raju C.N., learned counsel appearing for the respondent. 3. The petitioner is the husband. The respondent - wife. The two have a settlement in pre-litigation case No.6/2014 before the Legal Service Authority. It is alleged by the respondent - wife that the petitioner did not pay a rupee even, pursuant to the settlement so arrived at in PLC No.6/2014 before the Legal Service Authority and institutes execution proceedings. The execution proceedings progressed - 3 - HC-KAR NC: 2025:KHC:35669 WP No. 15974 of 2023 and in the interregnum, the petitioner is said to have filed an application before the concerned court / authority where PLC No.6/2014 had taken place furnishing of complete documents of the said PLC. The application reads as follows, "ಯ ಾ ಾಲಯದ ಮತು ೆಎಂಎ ಾ ಯಲಯ ಾಗಮಂಗಲ ಮತು ಅಧ ರು ಾನೂನು ೇ!ಾ "ಾ#$ಾರ ಾಗಮಂಗಲ %ಾಲೂ&ಕ ಇಂದ H.C. ನಂಜುಂ*ೇ+ೌಡ .ೈ01 2ೇ3 ಷಯ ಜನವ 2014ರ3& ೊ67ದ ನಮ8 9#ೕಮ: ಯವರ ಅ;1 ಬ+ೆ= P LC. 6/14 >ಾಂಕ 26- 2 -2014 ರ3& :ೕ?ಾ1ನ!ಾದ ೇ3ನ 2ಾಬು ಅಂದ@ೆ AೕಲBಂಡ ೇನ ಪDತ1 ನಕ3 ಪ#: ಯನುE Fೕಡ2ೇಾG ನಂ: Hಾಗೂ ಇದೆB ಸಂಬಂಧ ಪಟ7ಂ%ೆ >ಾಂಕ ಆಗL7 2014ರ3& >ಾಂಕ 11 ಅಥ!ಾ 12 ರಂದು HಾNರುವ ಪ#?ಾಣ ಪ:#ೆಯ ಪ#:ಯನುE ೋPನ ೊಡ 2ೇಾG ತನE Qಕ1ಕRಯ ಮನ Sd 10/04/2023 ತಮ8 Tೇಯ" It is replied too by the Taluk Legal Service Committee before whom PLC No.6/2014 is said to have taken place, in the following manner: - 4 - HC-KAR NC: 2025:KHC:35669 WP No. 15974 of 2023 "ದೃVಕರಣ ಪತ#: ಷಯಃ 9#ೕ HೆX. . ನಂಜುಂ*ೇ+ೌಡ ( Retired Bailiff) ರವರು PLC. 6/2014 >ಾಂಕ: 26/02/20140 :ೕ?ಾ1ನ!ಾದ ೇನ ಪDಣ1 ನಕಲು ಪ#:ಯನುE ೇRರುವ ಬ+ೆ=. ಉ[ೆ&ೕಖ: 9#ೕ HೆX. . ನಂಜುಂ*ೇ+ೌಡ ( Retired Bailiff) ರವರ ಪತ# >ಾಂಕ: 10/04/2023. ಈ AೕಲBಂಡ ಷಯೆB ಸಬಂಧಪಟ7ಂ%ೆ, ಉ[ೆ&ೕಖ ಪತ#ದ ಅನ^ಯ H.C. ನುಂಜು*ೇ+ೌಡ ರವರು PLC. 06/2014, >ಾಂಕ: 26/2/2014 ರ3& [ೊ_ ಅ`ಾಲa ನ3& :ೕ?ಾ1ನ!ಾದ ೇ+ೆ ಸಂಬಂಧಪಟ7 ಪDಣ1 `ಾಖ[ಾ:ಗಳನುE Hಾಗೂ ಆಗL7 :ಂಗಳc 2014 ರ3& >ಾಂಕ: 11 ಅಥ!ಾ 12 ರಂದು ಸದ ನಂಜುಂ*ೇ+ೌಡ ರವರು ಈ ಕdೇ+ೆ HಾNರುವ ಪ#?ಾಣ ಪ:#ೆಯನುE Fೕಡ2ೇೆಂದು ಮನ ಸ3&ರುವeದು ಸ ಅfೆ7ೕ. ಆದ@ೆ ಸದ ೇ+ೆ ಸಂಬಂಧಪಟ7ಂ%ೆ ಉ[ೆ&ೕಖ ಪತ#ದ ಅ;1ಯ3& ೇRರುವ `ಾಖ[ೆಗಳನುE ಈ ಕdೇಯ3& ಪ9ೕ3ಸ[ಾG, ಸದ `ಾಖ[ಾ:ಗಳc ಲಭ ರುವe>ಲ& ಎಂದು ಈ ಮೂಲಕ ದೃVಕಸ[ಾG`ೆ." The concerned authorities would reply that there are no documents found with regard to PLC No.6/2014. Therefore, the petitioner contends that the concerned court ought to have conducted an enquiry prior to the issuance of an arrest warrant at the say of the respondent. 4. The learned counsel appearing for the respondent submits that the petitioner has in his pleading itself admitted that he had to pay Rs.3,00,000/- and Rs.3,00,000/- was - 5 - HC-KAR NC: 2025:KHC:35669 WP No. 15974 of 2023 agreed to in the PLC proceedings, which the learned counsel for the petitioner disputes. 5. In that light, without holding any enquiry with regard to whether there was a settlement at all and the documents of settlement could be procured or otherwise, as obtaining in PLC No.6/2014, the concerned court could not have issued an arrest warrant against the petitioner. 6. In that light, the petition deserves to succeed and the order dated 19.01.2023 which issues an arrest warrant, to be obliterated. The matter would be remitted back to the hands of the concerned court to hold an enquiry and then proceed with the Execution petition No.83/2018, in accordance with law. 7. For the aforesaid reasons, the following ORDER (i) Writ petition is allowed-in-part. (ii) The order dated 19.01.2023 and all consequential actions taken pursuant to the said order stands quashed. - 6 - HC-KAR NC: 2025:KHC:35669 WP No. 15974 of 2023 (iii) The matter is remitted back to the hands of the concerned court to hold an enquiry with regard to the issue placed before it. (iv) In the light of the execution proceedings of the year 2018, the concerned court shall now expedite the proceedings and conclude the same, within an outer limit of three months from today, if not earlier. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 3 CT: BHK