- 1 - HC-KAR NC: 2025:KHC-D:18311 WP No. 107897 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107897 OF 2025 (GM-CPC) BETWEEN: 1. SMT. CHABU D/O BANDU NARAYANKAR AGE:48 YEARS, OCC: HOUSEHOLD WORK R/O:JATRAVES, NIPPANI TQ: NIPPANI, DIST: BELAGAVI 2. SHRI SADASHIV S/O BANDU NARAYNKAR SINCE DECEASED AND R/BY PETITIONER NO.2, 3, 4 AND 8 SMT. LAXMI W/O SADASHIV NARAYANKAR AGE: 69 YEARS, , OCC: HOUSEHOLD WORK R/O:JATRATVES, NIPPANI TQ: NIPPANI, DIST: BELAGAVI 3. SHRI TULSIDAS S/O SADASHIV NARAYANKAR AGE: 49 YEARS, OCC: AGRICULTURE R/O:JATRATVES, NIPPANI TQ: NIPPANI, DIST: BELAGAVI 4. SHRI RAMDAS S/O SADASHIV NARAYANKAR AGE: 47 YEARS, , OCC: AGRICULTURE R/O:JATRATVES, NIPPANI TQ: NIPPANI, DIST: BELAGAVI 5. SMT RUKMINI S/O BABURAO KADAM AGE:76 YEARS, OCC: HOUSEHOLD WORK R/O:HERAMB APARTMENT FLAT NO.6, DHANKAWADI, PUNE STATE MAHARASHTRA 6. SMT LAXMIBAI @ MANGAL DATTATRAY SHINDE AGE: 66 YEARS, , OCC: HOUSEHOLD WORK R/O:NEAR HALSIDHNATH MANDIR, AKKOL ROAD, NIPPANI TQ: NIPPANI, DIST: BELAGAVI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18311 WP No. 107897 of 2025 7. SMT MALAN W/O RAMESH KADAM AGE: 63 YEARS, OCC: HOUSEHOLD WORK R/O:BIJALI CHOWK, JAWAJHAR NAGAR, TQ: NIPPANI, DIST: BELAGAVI 8. SMT MEGHA W/O ASHOK HULAGIKAR AGE:51 YEARS, OCC: HOUSEHOLD WORK C/O ASHOK S/O RAMAPPA HULAGIKAR R/O:MOTIRAM PARK, B CABIN RAOD, BHAVANI CHOCK, ANADIVIHAR BUILDING, NO.2 ROOM 4, AMBARNATH MUMBAI STATE MAHARASHTRA …PETITIONERS (BY SRI. SHIVRAJ BALLOLI, ADVOCATE) AND: 1. SHRI SANKET S/O SUBHAS DURGE AGE:38 YEARS, OCC: BUSINESS R/O:SHOP NO. 1 PLOT NO.58, SHIVAJI HOUSING SOCIETY 12TH LANE, RAJARAMPUR, KOLHAPUR STATE MAHARASHTRA …RESPONDENT (NOTICE TO R1 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 12/08/2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, NIPPANI ON I.A. NO. 1/2025 IN EP NO. 14/2024 VIDE ANNEXURE – A; DIRECT THE LEARNED SENIOR CIVIL JUDGE AND JMFC, NIPPANI TO CONSIDER THE DISPOSE OF I.A. NO. 1/2024 FILED BY THE PETITIONERS UNDER SECTION 28 OF THE SPECIFIC RELIEF ACT, 1963 IN EP NO. 14/2024 ON MERITS AND IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18311 WP No. 107897 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 12.08.2025 passed by the learned Senior Civil Judge, Nippani on I.A. No.1/2025 in EP No.14/2024 which has accepted the deposit made by the decree holder/respondent who intended to deposit the balance consideration amount pursuant to a decree for specific performance of contract. 2. Learned counsel for the petitioner/judgment debtor No.1 would submit that amount cannot be accepted as it is deposited beyond the time stipulated under the decree. Thus, it is his contention that such a deposit is barred under Section 28 of the Specific Relief Act, 1963. 3. In addition, it is also further submission of the learned counsel for the petitioners that application filed by the decree holder seeking permission to deposit the amount is allowed without hearing the present petitioner/judgment debtor No.1. It is also submitted that the copy of the - 4 - HC-KAR NC: 2025:KHC-D:18311 WP No. 107897 of 2025 application is also not served on the petitioner/judgment debtor. 4. Under these circumstances, the Court passed the following: ORDER (i) Petition is allowed. (ii) The impugned order dated 12.08.2025 passed by the learned Senior Civil Judge, Nippani on I.A. No.1/2025 in EP No.14/2024 is set aside. (iii) The matter is remitted to the executing Court for fresh consideration. (iv) The executing Court shall consider whether the balance sale consideration can be accepted beyond the time stipulated under the decree and objection of the petitioner shall be considered before passing the orders. - 5 - HC-KAR NC: 2025:KHC-D:18311 WP No. 107897 of 2025 (v) Execution Court shall also consider the application filed by the petitioner in the light of Section 28 of the Specific Relief Act, 1963. (vi) It is made clear that this Court has not expressed anything on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS/CT CNB List No.: 1 Sl No.: 101