- 1 - HC-KAR CNR: KAHC010093272023 NC: 2026:KHC:47866 WP No. 4074 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 4074 OF 2023 (GM-CPC) BETWEEN: 1. SRI SHIVALINGE GOWDA, S/O LATE NINGEGOWDA, AGED ABOUT 60 YEARS. 2. SMT. SUNANDAMMA, W/O SRI. SHIVALINGEGOWDA, AGED ABOUT 57 YEARS. 3. SMT. S SUNITHA, D/O SRI SHIVALINGEGOWDA, AGED ABOUT 38 YEARS. 4. SRI. S SHIVAKUMAR, S/O SRI. SHIVALINGEGOWDA, AGED ABOUT 36 YEARS. 5. SMT. S MAMATHA, D/O SRI. SHIVALINGEGOWDA, AGED ABOUT 32 YEARS. 6. SMT. S AMBIKA, D/O SRI SHIVALINGEGOWDA, AGED ABOUT 29 YEARS. Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010093272023 NC: 2026:KHC:47866 WP No. 4074 of 2023 PETITIONER NOS.1 TO 6 ARE AGRICULTURIST, R/AT GUDDADAHATTIHAL VILLAGE, KASABA HOBLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 577 228. …PETITIONERS (BY SRI. VENKATESHA T S., ADVOCATE) AND: SMT. SANNAMMA, W/O LATE HANUMANTHAPPA, AGED ABOUT 51 YEARS, R/AT PILTAR SHED, JANNAPURA, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT - 577 301. …RESPONDENT (BY SRI. RAMESHA MN., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN EXECUTION PETITION NO.42/2022 PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC, TARIKERE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010093272023 NC: 2026:KHC:47866 WP No. 4074 of 2023 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the Sale Warrant dated 07.01.2023 issued in Execution Petition No.42/2022 by the Senior Civil Judge and JMFC, Tarikere (hereinafter referred to as the 'Executing Court' for short). 2. Heard Sri Venkatesha T.S., learned counsel for the petitioners and Sri Ramesha M.N., learned counsel for the respondent. 3. The respondent filed a suit in O.S.No.40/2017 seeking the relief of specific performance. The said suit came to be partly decreed vide judgment dated 11.04.2022, directing the defendants to refund the earnest money of Rs.17,00,000/- with interest at the rate of 12% per annum from the date of the suit till realisation of the entire decretal amount. 4. The decree-holder thereafter initiated execution proceedings in Execution Petition No.42/2022. In the said - 4 - HC-KAR CNR: KAHC010093272023 NC: 2026:KHC:47866 WP No. 4074 of 2023 proceedings, on account of non-payment of the decretal amount, the Executing Court ordered issuance of the Sale Warrant, which is under challenge in the present writ petition. 5. Learned counsel for the petitioners submits that, due to financial difficulties, the petitioners could not make the payments. It is further submitted that, during the pendency of the present petition, the petitioners/judgment-debtors have deposited a sum of Rs.9,10,000/- in the execution proceedings. Learned counsel submits that, if a further period of one year is granted, the petitioners would make payment of the decretal amount to the decree-holder. 6. In my considered view, the request for grant of one year’s time cannot be accepted without any justifiable reason. However, taking note of the difficulty expressed by the petitioners and also keeping in mind the fact that the decree is of the year 2022, the ends of justice would be met if the petitioners/judgment-debtors are granted time - 5 - HC-KAR CNR: KAHC010093272023 NC: 2026:KHC:47866 WP No. 4074 of 2023 up to 05.11.2026 to pay the entire decretal amount along with interest to the decree-holder, failing which the Executing Court shall proceed in accordance with law. 7. With the aforesaid observations, the writ petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 27