- 1 - HC-KAR CNR: KAHC010503152021 NC: 2026:KHC:37846 WP No. 24236 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 24236 OF 2021 (GM-CPC) BETWEEN: SMT. SOWBHAGYAMMA W/O RAMASWAMY (LATE) AGED ABOUT 75 YEARS, RESIDENT OF BARUVE VILLAGE, KEREHALLI HOBLI, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 426. …PETITIONER (BY SRI. RAKESH B BHATT., ADVOCATE) AND: L SANTOSH CHOWHAN S/O LOKESH CHOWHAN AGED ABOUT 30 YEARS, GOWTOOR VILLAGE, RIPPENPETE, SHIVAMOGGA DISTRICT - 577 426. …RESPONDENT (RESPONDENT IS SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER ON I.A.NO.1 DATED 31.07.2021 PASSED BY SENIOR CIVIL JUDGE AND JMFC, SAGARA IN EX.128/2013 ANNEXURE-A AND Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010503152021 NC: 2026:KHC:37846 WP No. 24236 of 2021 THE SALE NOTICE DATED 20.11.2021 PASSED BY SENIOR CIVIL JUDGE AND JMFC, SAGARA IN EX.128/2013 ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking the following reliefs: “a) Set aside the order on IA.No.1 dated 31.07.2021 passed by Senior Civil Judge and JMFC, Sagara in Ex.128/2013 ANNEXURE A and the sale notice dated 20.11.2021 passed by Senior Civil Judge and JMFC, Sagara in Ex.128/2013 ANNEXURE F and consequently. b) Set aside the sale notice issued under Form No.22 dated 13.12.2021 by Senior Civil Judge and JMFC, Sagara in Ex.128/2013 ANNEXURe H and c) Pass such other order as this Hon'ble Court deems fit in the interest of Justice and equity.” 2. Sri Rakesh B Bhatt, learned counsel appearing for the petitioner submits that the petitioner is the judgment debtor in Ex.No.128/2013 on the file of the - 3 - HC-KAR CNR: KAHC010503152021 NC: 2026:KHC:37846 WP No. 24236 of 2021 Senior Civil Judge and JMFC, Sagara (hereinafter referred to as the 'Executing Court' for short). It is contended that the Executing Court, without considering the objections raised by the judgment debtor, proceeded to reject the application I.A.No.1 filed under Section 60(1) read with Order XXI Rule 58 of the Code of Civil Procedure, by order dated 31.07.2021, and continued the attachment of the property of the judgment debtor. 3. It is submitted that the dispute between the parties is with regard to the sale of the immovable property, which the judgment debtor had acquired through Hakkupathra. As per the terms of the Hakkupathra, the said property cannot be alienated for a period of 25 years. Hence, it is contended that there was no saleable interest on the property, and this aspect has not been appreciated by the Executing Court. 4. It is further submitted that the judgment debtor, to show her bona fides, has deposited a sum of Rs.50,000/- and Rs.2,00,000/-, in total amounting to - 4 - HC-KAR CNR: KAHC010503152021 NC: 2026:KHC:37846 WP No. 24236 of 2021 Rs.2,50,000/-, before the Executing Court. Hence, it is submitted that the matter may be remanded back to the Executing Court to reconsider the objections. 5. I have heard the arguments of the learned counsel for the petitioner and meticulously perused the material available on record. 6. The respondent had filed a suit in O.S.No.24/2011 against the petitioner for recovery of money. The trial Court decreed the suit. Thereafter, the respondent initiated execution proceedings in Ex.No.2/2013 for recovery of a sum of Rs.7,70,908/- from the judgment debtor and sought prayer to attach the movables of the judgment debtor, arrest of the judgment debtor, and attachment and sale of the immovable property. 7. It is to be noticed that the Executing Court had ordered to attach the immovable property of the petitioner. Thereafter, the petitioner filed objections and also filed an application seeking to raise the attachment in - 5 - HC-KAR CNR: KAHC010503152021 NC: 2026:KHC:37846 WP No. 24236 of 2021 respect of the immovable property. The Executing Court considered the same and rejected the objections by continuing the attachment. 8. It is also required to be noticed that during the pendency of the execution proceedings, the petitioner deposited a sum of Rs.2,50,000/-, and the said amount has been withdrawn by the decree holder. At this stage, the learned counsel for the petitioner submits that if the Executing Court considers the objections with regard to the legal contention, and if some time is granted, the petitioner would make the payment of the remaining amount. 9. Considering the aforesaid submissions, I am of the view that the attachment of the immovable property ordered by the Executing Court is required to be kept in abeyance for a period of two months from today, to enable the petitioner to make the payment. 10. It is made clear that if the payment is not made within the said period, the attachment shall be revived, - 6 - HC-KAR CNR: KAHC010503152021 NC: 2026:KHC:37846 WP No. 24236 of 2021 and the Executing Court shall proceed further in the matter in accordance with law. 11. With the aforesaid observations, the writ petition stands disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 4