- 1 - HC-KAR NC: 2025:KHC-D:18657 WP No. 109025 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEDGE WRIT PETITION NO. 109025 OF 2025 (GM-CPC) BETWEEN: SHRI MAHANTESH SHIVAPPA ROKKADAKATTI, AGE. 58 YEARS, OCC. AGRICULTURE AND PRIVATE SERVICE, R/O. MAHANTESH NAGAR, RAMDURG, DIST. BELAGAVI-591123. …PETITIONER (BY SRI. R.K. KULKARNI, ADVOCATE) AND: THE MAHANTESH URBAN CO-OPERATIVE CREDIT SOCIETY LTD., REPRESENTED BY ITS SECRETARY SHRI MUDAKAPPA SIDDAPPA KURABET, AGE. 53 YEARS, OCC. SECRETARY, R/O. NEW BUS STAND ROAD, RAMDURGM, DIST. BELAGAVI-591123. …RESPONDENT (BY SRI. S.H. MITTALKOD, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER ON I.A.NO.1 IN E.P.NO.7/2022 PASSED BY THE TRAIL COURT AT ANNEXURE-D PASSED ON 24.11.2025 ON THE FILE OF THE CIVIL JUDGE AND JMFC RAMDURG AT RAMDURG IN THE INTERESTS OF JUSTICE AND EQUITY AND ETC. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18657 WP No. 109025 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) It is submitted that the decree for recovery of money is sought to be executed by filing execution petition in E.P. No.7/2022 on the file of Civil Judge, Ramadurga. The Executing Court has issued arrest warrant as well as order for attaching the immovable property. 2. The Court after considering the materials on record is of the view that since the immovable property is sought to be attached and the process of recovery is on, there was no need to issue arrest warrant, at this juncture. 3. Under the circumstances, the order issuing arrest warrant is set aside. The attachment order is affirmed. The Executing Court shall proceed to recover the amount, in accordance with law. - 3 - HC-KAR NC: 2025:KHC-D:18657 WP No. 109025 of 2025 4. With the above observation, the petition is disposed of. 5. The right to seek arrest is reserved and the said right can be exercised at an appropriate stage, as advised in law. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT-MCK LIST NO.: 1 SL NO.: 144