- 1 - HC-KAR NC: 2025:KHC-D:14851 WP No. 100235 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100235 OF 2025 (GM-CPC) BETWEEN: 1. SMT. GANGABAI @ UMABAI W/O. BHUPALGOUDA PATIL, AGE. 75 YEARS, OCC. AGRICULTURE, R/O. NEAR MODAL HIGH SCHOOL, MASARI, TQ. AND DIST. GADAG-582 101. 2. SHRI SHASHIKANT S/O SHIVANGOUDA PATIL, AGE. 70 YEARS, OCC. AGRICULTURE/DOCTOR, R/O. COURT ROAD, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT, PIN-587 301. … PETITIONERS (BY SRI. MAHANTESH R. PATIL, ADVOCATE) AND: 1. SMT. BHAGIRATHIBAI W/O. SIDDALINGAPPAGOUDA PATIL, AGE. 72 YEARS, OCC. AGRICULTURE, R/O. KONNUR, TQ. JAMKHANDI, DIST. BAGALKOT, PIN-587 301. 2. SMT. SMEETA @ SHEETAL W/O CHETAN BARAGI, AGE. 45 YEARS, OCC. DOCTOR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14851 WP No. 100235 of 2025 R/O. BARAGI HOSPITAL, BAGALKOT, TQ. AND DIST. BAGALKOT-587 101. 3. SHRI SANDEEP S/O SIDDALINGAPPAGOUDA PATIL, AGE. 43YEARS, OCC. AGRICULTURE, R/O. KONNUR, TQ. JAMKHANDI, DIST. BAGALKOT-587 301, NOW AT #97, B.C.C. LAYOUT, CHANDRA LAYOUT, VIJAYNGAR, BENGALURU, TQ. AND DIST. BENGALURU, STATE: KARNATAKA-560 040. 4. SHRI SAMARTH S/O SIDDALINGAPPAGOUDA PATIL, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. KONNUR, TQ. JAMKHANDI, DIST. BAGALKOT-587 301. 5. SHRI SHANKARGOUDA SHIVANGOUDA PATIL, AGE. 69 YEARS, OCC. AGRICULTURE/ADVOCATE, R/O. NO.217, SHRI SAI (LAYA), RANI CHANNAMMA NAGAR, DHARWAD, TQ. AND DIST. DHARWAD-580 001. 6. THE ENFORCEMENT (EXECUTIVE) DIRECTOR, THE GODAVARY SUGAR BIO-REFINERIES LTD., SAMEERWADI, TQ. RABHAKAVI-BANAHATTI, DIST. BAGALKOT-587 316. 7. GENERAL MANAGER CANE, THE GODAVARY SUGAR BIO-REFINERIES LTD., SAMEERWADI, TQ. RABHAKAVI-BANAHATTI, - 3 - HC-KAR NC: 2025:KHC-D:14851 WP No. 100235 of 2025 DIST. BAGALKOT-587 316. 8. THE GENERAL MANAGER CANE NIRANI SUGAR P. LTD., MUDHOL, TQ. MUDHOL, DIST. BAGALKOT, PIN-587 313. … RESPONDENTS (BY SRI. GANAPATI M. BHAT, ADVOCATE FOR R1 TO R4; SRI. ARUN L. NEELOPANT, ADVOCATE FOR R6 AND R7; SRI. AJAY KADKOL, ADVOCATE FOR R8; NOTICE TO R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND MODIFY THE ORDER PASSED ON I.A. NO.2 IN O. S. NO.3/2025 PENDING ON THE FILE OF PRL. SR. CIVIL JUDGE AND JMFC JAMKHANDI DATED 10/01/2025 PRODUCED AT ANNEXURE-D AND PASS THE ORDER DIRECTING THE RESPONDENT NO.6 TO 8 TO DEPOSIT THE SUGAR CANE BILL BEFORE THE COURT BELOW IN RESPECT OF SUIT SCHEDULE ‘A’ AND ‘C’ PROPERTIES, IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND DIRECT THE RESPONDENT NO.6 TO 8 TO STOP THE PASSING OF THE SUGAR CANE BILL TILL DISPOSAL OF I.A. NO. 2 IN O.S. NO.3/2025 PENDING ON THE FILE OF THE PRL. SR. CIVIL JUDGE AND JMFC JAMKHANDI PRODUCED AT ANNEXURE-C. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14851 WP No. 100235 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for respondents No.1 to 4. 2. It is stated that remaining respondents are formal parties. 3. The petitioners have filed suit for partition and separate possession. In the said suit, the petitioners filed application under Order 39 and Rule 1 and 2 of the Code of Civil Procedure (‘Code’, for short) to restrain the defendants from withdrawing the amount payable by sugar factory. 4. The Court issued the emergent notice on the said application. In the meantime, some of the amount is said to have been withdrawn by contesting defendants. 5. In the said suit, two applications are filed. One is to restrain the contesting defendants from withdrawing the amount deposited in the sugarcane factory and second application is to summon the bills pertaining to the sugar grown from the suit properties. - 5 - HC-KAR NC: 2025:KHC-D:14851 WP No. 100235 of 2025 6. Contesting respondents on 15.01.2025 have withdrawn part of the amount. 7. It is stated that still some amount is lying with the sugar factory. 8. Learned counsel for the petitioners would submit that in case respondents are not restrained from disbursing the amount, by the time, the interim applications are heard on merit, the entire amount to be withdrawn and it becomes difficult for petitioners to recover the amount in case the petitioners succeed in this suit. 9. Learned counsel for the respondents would submit that the writ petition is premature and applications are still pending consideration. 10. This Court has considered the contentions raised at the Bar and perused the records. 11. It is indeed true that both applications are still pending consideration. However in case the amount is - 6 - HC-KAR NC: 2025:KHC-D:14851 WP No. 100235 of 2025 withdrawn, the petitioners may find it difficult to recover the amount, if they succeed in the suit. 12. Under the circumstances, the respondent/sugar factory shall not disburse the amount to the defendants. 13. The amount shall be deposited before the Court. Whether the amount requires to be released in favour of the defendants or not shall be considered by the Trial Court while passing orders on application under Order 39 and Rule 1 and 2 of the Code. 14. If the Court finds that the amount should not be released till the disposal of the suit, then the said amount shall be kept in Nationalized Bank for a period of one year with auto renewal mandate. 15. With these observations, the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 62