- 1 - HC-KAR NC: 2026:KHC-D:2220 WP No. 100239 of 2026 C/W WP No. 100240 of 2026 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100239 OF 2026 (GM-CPC) C/W WRIT PETITION NO.100240 OF 2026 (GM-CPC) IN WP NO.100239/2026 BETWEEN: SRI. CHANDRAGOUDA @ CHANDRASHEKAR GOUDA S/O. SANGANAGOUDA GOUDAR, AGED ABOUT 46 YEARS, OCC. AGRICULTURE, R/O. HULAGERI, TQ. KUSHTAGI, DIST. KOPPAL, PIN CODE-583281. …PETITIONER (BY SRI. A.B. PATIL, ADVOCATE) AND: SRI. CHANDRASHEKAR S/O. ANDANAPPA DINDUR, AGED ABOUT 66 YEARS, OCC. AGRI/BUSINESS, R/O. BASAVANAGAR, ILKAL, TQ. ILKAL, DIST. BAGALAKOTE, PIN CODE-587125. …RESPONDENT (BY SRI. S.H. MITTALKOD, ADVOCATE AND SRI. AKARSH MITTALKOD, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI, BY QUASHING THE ORDER DTD: 17/12/2025, ON I.A. NO.2, PASSED BY THE SENIOR CIVIL JUDGE AT KUSHTAGI, IN E.P. NO.23/2024 AS YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.18 10:45:02 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2220 WP No. 100239 of 2026 C/W WP No. 100240 of 2026 PER VIDE ANNEXURE-J. AND B) ISSUE SUCH ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO.100240/2026 BETWEEN: SRI. CHANDRAGOUDA @ CHANDRASHEKAR GOUDA S/O. SANGANAGOUDA GOUDAR, AGED ABOUT 46 YEARS, OCC. AGRICULTURE, R/O. HULAGERI, TQ. KUSHTAGI, DIST. KOPPAL, PIN CODE-583281. ...PETITIONER (BY SRI. A.B. PATIL, ADVOCATE) AND: SRI. CHANDRASHEKAR S/O. ANDANAPPA DINDUR, AGED ABOUT 66 YEARS, OCC. AGRI/BUSINESS, R/O. BASAVANAGAR, ILKAL, TQ. ILKAL, DIST. BAGALAKOTE, PIN CODE-587125. ...RESPONDENT (BY SRI. AKARSH MITTALKOD, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI, BY QUASHING THE ORDER DTD: 17.12.2025 ON I.A.NO.2, PASSED BY THE SENIOR CIVIL JUDGE AT KUSHTAGI IN E.P.NO.21/2024 AS PER VIDE ANNEXURE-J, AND B) ISSUE SUCH ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:2220 WP No. 100239 of 2026 C/W WP No. 100240 of 2026 ORAL ORDER Aggrieved by the orders, on two separate interlocutory applications, both numbered as I.A.No.2, passed in E.P.No.23/2024 and E.P.No.21/2024 by the Senior Civil Judge, Kustagi (for short ‘Executing Court’) dated 17.12.2025 the petitioner/judgment debtor is before this Court. 2. The Executing Court allowed both the applications filed by the decree holder seeking to issue Sale Proclamation and Sale Warrant in respect of attached lands of the judgment debtor on the ground that the judgment debtor has failed to pay the decreetal amount and ordered for sale of the attached lands in public auction. The auction was scheduled to be held on 14.01.2026, against which the petitioner has filed the present writ petitions. 3. When these matters were listed before this Court on 13.01.2026, the learned counsel for the petitioner sought time stating that the petitioner will pay the decreetal amount if given some time and he will file an undertaking affidavit in this - 4 - HC-KAR NC: 2026:KHC-D:2220 WP No. 100239 of 2026 C/W WP No. 100240 of 2026 regard. Accordingly, on the said day, this Court ordered as below: “Learned counsel for the petitioner submits that in both matters, he is ready to deposit the decreetal amount. It is submitted that in WP No.100239/2026, he requires time to deposit the amount till 31.03.2026 and in WP No.100240/2026, he requires time till 15.05.2026. In this regard, the petitioner shall file an undertaking affidavit before this Court by 14.01.2026. If the undertaking affidavit is filed and served on the respondent on 14.01.2026 by 10.00 a.m., the auction shall not be conducted.” 4. Now, the learned counsel appearing for the petitioner submits that the petitioner has filed an undertaking affidavit to that effect before this Court. In view of the undertaking affidavit filed by the petitioner, this Court is passing the following: ORDER (i) Both the writ petitions are disposed off in terms of the undertaking affidavit filed by the petitioner. (ii) The impugned orders on I.A. No.2 passed in E.P. No.23/2024 & E.P.No.21/2024, dated - 5 - HC-KAR NC: 2026:KHC-D:2220 WP No. 100239 of 2026 C/W WP No. 100240 of 2026 17/12/2025 by the Senior Civil Judge at Kushtagi, are set aside. (iii) The petitioner shall pay the decreetal amount of Rs.10,46,500/- (including interest @ 12% per annum) in E.P.No.23/2024 on or before 31.03.2026 and the decreetal amount of Rs.10,98,000/- (including interest @ 12% per annum) in E.P.No.21/2024 on or before 15.05.2026, as per the undertaking affidavit filed by him. (iv) In the event if the petitioner fails to satisfy the decree as per the undertaking affidavit filed by him, the Executing Court shall proceed further in accordance with law. (v) All I.As., in these writ petitions stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN, CT: UMD List No.: 1 Sl No.: 51