- 1 - HC-KAR NC: 2025:KHC-D:18357 WP No. 109805 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109805 OF 2025 (GM-CPC) BETWEEN: SATYANARAYANA S/O. SURYARAO GUTTAL, AGE. 66 YEARS, OCC. AGRICULTURE, R/O. PURA VILLAGE, KUSTAGI, DIST. KOPPAL. …PETITIONER (BY SMT. ARCHANA A. MAGADUM, ADVOCATE FOR SRI. ANANDKUMAR A. MAGADUM, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER AND LAO KOPPAL, DIST. KOPPAL-583231. 2. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, KUSTAGI-583277. 3. DEPUTY COMMISSIONER, MINI VIDHAN SOUDHA, KOPPAL-583231. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING OF THE ORDER DATED 29.11.2025 PASSED BY THE SENIOR CIVIL JUDGE AND CJM KOPPAL IN EXECUTION PETITION NO.9/2023 AND EXECUTION PETITION NO.10/2023 VIDE ANNEXURE C AND C1 AND ISSUE A WRIT OF MANDAMUS DIRECTING THE EXECUTING COURT I.E. SENIOR CIVIL JUDGE AND CJM KOPPAL TO RESTORE THE EXECUTION PETITION NO.9/2023 AND EXECUTION PETITION NO.10/2023 VIDE ANNEXURE-C AND C1 AND TO FILE AND Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18357 WP No. 109805 of 2025 PROCEED IN ACCORDANCE WITH LAW; DECLARE THAT STAY OF ARREST WARRANT DOES NOT AMOUNT TO CLOSURE OF EXECUTION PROCEEDING AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner. 2. This petition is filed assailing the order dated 29.11.2025 passed in Execution Petition Nos.9/2023 and 10/2023 on the file of Senior Civil Judge, Koppal1. 3. The Executing Court has closed the petition on the premise that a stay order was granted by this Court in W.P.No.108744/2025, wherein the order of arrest issued against the judgment debtors was stayed in a separate proceeding. 4. The Court has only stayed the order of arrest in the writ petition filed by the judgment debtors. This being the position, the Executing Court could not have closed the execution proceeding. 1 For short, ‘Executing Court’ - 3 - HC-KAR NC: 2025:KHC-D:18357 WP No. 109805 of 2025 5. Hence, the following: ORDER a) The petition is allowed. b) The order dated 29.11.2025 passed in Execution Petition Nos.9/2023 and 10/2023 on the file of Senior Civil Judge, Koppal, is set aside. c) The execution proceeding is reopened. d) Execution proceeding shall continue except the proceedings relating to arrest. e) The proceeding relating to arrest is subject to the result of the writ petition where such arrest is questioned. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT-MCK LIST NO.: 1 SL NO.: 27