- 1 - HC-KAR NC: 2025:KHC-D:15600 WP No. 106331 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106331 OF 2025 (GM-CON) BETWEEN: MR. SHIVANAGOUDA R. PATIL, AGE: 53 YEARS, OCC: PARTNER, M/S PRUTHVI BUILDERS AND DEVELOPERS, SHOP NO 14A/B, II FLOOR, WALI ARCADE, OPP. J. G. COMMERCE COLLEGE, VIDYANAGAR, HUBBALLI – 580 030. …PETITIONER (BY SRI. M. L. VANTI, ADVOCATE) AND: 1. SMT. SHAILAJA W/O. GURUSHIDDAYYA KALLIMATH, AGE: 57 YEARS, OCC: HOUSEWIFE, R/O: H. NO. 57, SHIVAPUR COLONY, GOKUL ROAD, HUBLI-30, DHARWAD, KARNATAKA. 2. MR. SOLOMON S/O RAJASHEKAR RAJABABU, AGE: 37 YEARS, OCC: PRIVATE SERVICE, R/O: H. NO. 2, PRIYADARSHINI COLONY, 3RD CROSS, GOKUL ROAD, HUBBALLI-580030. REP. BY HIS GPA HOLDER, SURESH HARMON TEGUR R/O: HUBBALLI. 3. MR. NAGARAJ CHINTHAPPA DHARANEPPANAVAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: PYATI ONI, MISHRIKOTI, TQ: KALAGHATAGI, DIST: DHARWAD – 581 204. 4. ER. SHRIKANT S CHANNAL S/O. LATE SHIVALINGAPPA U CHANNAL, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15600 WP No. 106331 of 2025 AGE: 59 YEARS, OCC: PRIVATE SERVICE, R/O: NO.124/S2, 3RD FLOOR, 3RD MAIN, OPP. ISKON, MAHALAXMIPUR EXTENTION, BANGALORE – 560 086. R/BY HIS G.P.A. HOLDER, GIRISH S/O BASAPPA NAVALLI, AGE: 58 YEARS, OCC: PRIVATE SERVICE, R/O: #60, GOLDEN PARK, VIJAYANAGAR, HUBBALLI-580032. 5. SMT. SHARADA W/O. SHIVAJI KALE, AGE: 68 YEARS, OCC: HOUSEHOLD, R/O: H. NO. 25, DEVADAYAM BUILDING, BHAVIKATTI PLOTS, NEAR SHANKAR MATH, YALAKKI SHETTAR COLONY, DHARWAD-580004. 6. SMT. RATNA W/O. VEERAPPA DESAI, AGE: 53 YEARS, OCC: HOMEMAKER, R/O: R/O.5, PARVATI, SHANTAPURAM LAYOUT, NEAR JK, SCHOOL, GOPANKOPPA VIJAYANAGAR POST, HUBBALLI. DHARWAD – 580 021. 7. MR. ASHOK HANUMANTHAPPA DODDAMANI, AGE: 53 YEARS, OCC: BUSINESS, R/O: HOUSE NO. 6, ASAR ONI, JANATA QUARTERS, OLD-HUBLI, HUBBALLI-580024. 8. MR. ISHWAR HANAMATHASA KHATAWATE, AGE: 43 YEARS, OCC: BUSINESS, R/O: HOUSE NO. 250, III MAIN, 9TH CROSS, RAVI NAGAR, GOKUL ROAD, HUBBALLI-580030. 9. SHRI MARUTI S/O BABU NALK, AGE: 61 YEARS, OCC: RTD., R/O: H.NO.32/1, TYPE 5TH COLONY, AMBIKA NAGAR, DANDELI-580029. 10. SHRI NAGARAJ S/O FAKKIRAPPA, AGE: 55 YEARS, OCC: SERVICE, - 3 - HC-KAR NC: 2025:KHC-D:15600 WP No. 106331 of 2025 R/O: H.NO.1/1, "D" TYPE 1ST COLONY, AMBIKA NAGAR, DANDELI – 581 325. 11. SMT. DEEPA W/O.RAJESH SHET, AGE: 39 YEARS, OCC: HOUSE HOLD, R/O:C/O: SAVITA, SOFT COMPUTER EDUCATION, BEHIND RAMBAPURI KALYAN KALYAN NAGAR, HUBBALLI, DIST: DHARWAD – 580 021. 12. SMT. NANDINI W/O. GANAPATI SHET, AGE: 51 YEARS, OCC: HOUSEHOLD, R/O: H.NO.48/1, TYPE 2ND COLONY, AMBIKA NAGAR, DANDELI-581363. 13. SMT. SAVITA W/O SHRIKANT SHIRODKAR, AGE: 49 YEARS, OCC: PRIVATE WORK, R/O: H.NO.96/1, 1ST CROSS SOUTH END ROAD, BASAVANAGUDI, BANGALORE-560004. R/BY S.P.A HOLDER, SMT. DEEPA W/O. RAJESH SHET, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O: C/O: SAVITA SOFT COMPUTER EDUCATION, BEHIND RAMBAPURI KALYAN MANTAP, KALYAN NAGAR, HUBBALLI, DIST: DHARWAD. 14. SMT. HARSHA W/O ARVINKUMAR BANAKAR, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: #1253, 5TH MAIN, MRUTHYUNJAYA NAGAR, ANUGRAHA, RANEBENNUR-581115. 15. ARVINDKUMAR B. BANAKAR, AGE: 43 YEARS, OCC: BUSINESS, R/O: #1253, 5TH MAIN, MRUTHYUNJAYA NAGAR, ANUGRAHA, RANEBENNUR-581115. 16. SHASHIDHAR B. BANAKAR, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O: #1253, 5TH MAIN, MRUTHYUNJAYA NAGAR, ANUGRAHA, RANEBENNUR-581115. 17. SATEESHKUMAR B. BANAKAR, AGE: 47 YEARS, OCC: BUSINESS, - 4 - HC-KAR NC: 2025:KHC-D:15600 WP No. 106331 of 2025 R/O: #1253, 5TH MAIN, MRUTHYUNJAYA NAGAR, ANUGRAHA, RANEBENNUR-581115. 18. KAILASH DEVARKAR, AGE: 34 YEARS, OCC: BUSINESS, R/O: #1253, 5TH MAIN, MRUTHYUNJAYA NAGAR, ANUGRAHA, RANEBENNUR-581115. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH OR ANY OTHER APPROPRIATE ORDER OR DIRECTION AND TO QUASH THE ORDER DATED 21/6/2025 PASSED BY THE HON’BLE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION DHARWAD IN EX.PETN. NO.101/24 AND DIRECT THE HON’BLE DISTRICT CONSUMER FORUM NOT TO TAKE COERCIVE STEPS EX. PETN.NO. 138/24 EX. PETN NO. 155/24, EX. PETN.NO.209/24, EX. PETN. NO. 12/24, EX. PETN.NO.133/24, EX. PETN.NO.03/25, EX. PETN NO.05/25, EX. PETN.NO.85/25. EX.PETN. NO.86/25, EX.P ETN.NO.87/25, EX.PETN.NO.88/25, EX. PETN.NO.90/25, EX. PETN.NO.29/25, EX.PETN.NO.30/25, EX.PETN.NO.36/ 25, EX. PETN.NO.25/25, EX. PETN.NO.27/25, EX. PETN.NO. 28/25, EX. PETN.NO.33/25, EX. PETN.NO.34/25, EX. PETN. NO.31/25, EX. PETN.NO.32/25, EX. PETN.NO.38/25, EX. PETN.NO.37/25 AND EX. PETN.NO.35/25 PRODUCED ANNEXURES-C TO C-25 INTEREST OF JUSTICE EQUITY. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE HON BLE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION DHARWAD TO PERMIT THE PETITIONERS TO PAY THE DECRETAL AMOUNT IN INSTALMENTS, THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:15600 WP No. 106331 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a Writ in the nature of Certiorari to quash or any other appropriate order or direction and to quash the order dated 21/6/2025 passed by the Hon’ble District Consumer Dispute Redressal Commission Dharwad in Ex.Petn. No.101/24 and direct the Hon’ble District Consumer Forum not to take coercive steps Ex. Petn.No. 138/24 Ex. PETN no. 155/24, Ex. petn.no.209/24, Ex. Petn. no. 12/24, Ex. Petn.No.133/24, Ex. Petn.no.03/25, Ex. Petn No.05/25, ex. petn.no.85/25. Ex.Petn. no.86/25, Ex.petn.no.87/25, Ex.Petn.no.88/25, Ex. Petn.no.90/25, Ex. Petn.no.29/25, Ex.Petn.no.30/25, Ex.Petn.No.36/ 25, Ex. Petn.no.25/25, Ex. Petn.no.27/25, Ex. Petn.no. 28/25, Ex. Petn.no.33/25, Ex. Petn.no.34/25, Ex. Petn. no.31/25, Ex. Petn.no.32/25, Ex. Petn.no.38/25, Ex. Petn.no.37/25 and ex. Petn.no.35/25 produced Annexures - C to C-25 interest of justice equity. B. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Hon’ble District Consumer Dispute Redressal Commission Dharwad to permit the petitioners to pay the decretal amount in instalments, the interest of justice and equity. C. Issue any other incidental and consequential reliefs as deemed fit under the circumstances of the case and in aid of main relief sought for. 2. Heard the learned counsel Sri.M.L.Vanti, appearing for petitioner. 3. Learned counsel for the petitioner submits that, with regard to other complainants and cases before the Consumer - 6 - HC-KAR NC: 2025:KHC-D:15600 WP No. 106331 of 2025 Forum, a Co-ordinate Bench of this Court in Writ Petition No.104623 of 2025 has passed the following: “1. Heard the learned counsel for the petitioner. 2. This Court does not find need to issue notice to the respondents, who are the complainants initiated action against the petitioners herein for deficiency of service by the petitioner, a builder. 3. The petitioner has suffered orders before the District Consumer Dispute Redressal Commission, Dharwad (hereinafter referred to as ‘the DCDRC’, for short). Awards have been passed. The said awards are put into execution by each of the respondents/complainants for realisation of the amount. In the execution proceedings, the DCDRC has passed an order of civil imprisonment of the petitioner for non- compliance of its orders in several petitions filed by the respondents. 4. A short point for consideration before this Court is on the submission of the petitioner that, he is ready and willing to make good the payment to each of the petitioners in the execution petitions, whereas if he is sent behind the bars i.e., civil imprisonment, for non-compliance of the impugned orders, it may not be possible for the petitioner to make good the payment and arrange the finance to show his bona fide on his part. 5. The petitioner being a builder having undertaken to sell the property to the respondents is liable to make good the payment by virtue of the orders passed by the DCDRC, is now agreeable to make good the payment if reasonable time is granted. He contends that if three months time is granted, he will make good the payment to each of the respondents/decree holders by selling another alternate property. 6. Under the circumstances, the purpose of the respondents may not be to put the petitioner to the civil prison but to realize their amount. Therefore, this Court is of the opinion that, if the respondents are able to get their amount it would meet the ends of justice. Under the circumstances, this Court is of the opinion that is some - 7 - HC-KAR NC: 2025:KHC-D:15600 WP No. 106331 of 2025 reasonable breathing time is given to the petitioner to muster and garner the funds by selling the alternate property to an extent of 4 acres and make good the payment within three months, the respondents would be benefited. 7. Accordingly, I pass the following order: i. This petition is partly allowed. ii. The order dated 21.06.2025 passed by the District Consumer Dispute Redressal Commission, Dharwad in Execution Petition Nos.136/2024, 204/2023 to 211/2023, 213/2023, 217/2023, 221/2023, 222/2023, 223/2023, 2/24, 134/2024, 196/2024, 228/2024, 229/2024, 214/2023, 156/2024, 157/2024, 120/2024, 119/2024, 22/2024, 23/2024 are hereby quashed. iii. The petitioner is ordered to be released from the civil imprisonment with a condition that the petitioner shall make payment to each of the respondents totalling to approximately Rs.1,50,00,000/- and odd within a period of three months. iv. The DCDRC shall grant three months time to make good the payment. v. It is made clear that if the petitioner does not make good the payment to each of the respondents/complainants, this order would not enure to his benefit. The respondents/complainants are at liberty to execute the impugned order. 4. Learned counsel for the petitioner submits that the matter was tossed before the Division Bench and the Division Bench has refused to interfere with the said order. - 8 - HC-KAR NC: 2025:KHC-D:15600 WP No. 106331 of 2025 5. In that light, I deem it appropriate to dispose the subject petition on the same reasons rendered by the Co-ordinate Bench quoted supra. 6. With the aforesaid reasons the following: ORDER i. The petition is partly allowed. ii. The order dated 21.06.2025 passed by the District Consumer Dispute Redressal Commission, Dharwad in Execution Petition No.101/2024 is hereby quashed. iii. The District Consumer Forum is directed not to take coercive steps in Ex.Petn. No.138/24 Ex.Petn.No.155/24, Ex.Petn. No.209/24, Ex.Petn. No.12/24, Ex. Petn.No.133/24, Ex.Petn.No.03/25, Ex.Petn No.05/25, Ex.Petn.No.85/25, Ex.Petn. No.86/25,Ex.Petn.No.87/25, Ex.Petn. No. 88/25, Ex.Petn.No.90/25, Ex.Petn.no.29/25, Ex.Petn.No.30/25, Ex.Petn.No.36/25, Ex. Petn.No.25/25, Ex.Petn.no.27/25, Ex. Petn.No.28/25, Ex.Petn.no.33/25, Ex. - 9 - HC-KAR NC: 2025:KHC-D:15600 WP No. 106331 of 2025 Petn.no.34/25, Ex. Petn.No.31/25, Ex. Petn.No.32/25, Ex.Petn.no.38/25, Ex. Petn.no.37/25 and Ex. Petn.no.35/25. iv. The DCDRC shall grant four months time to make good the payment. v. It is made clear that if the petitioner does not make good the payment to each of the respondents/complainants, this order would not enure to his benefit. The respondents/complainants are at liberty to execute the impugned order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 46