In this writ petition, the petitioner has sought for the

following reliefs:

“Issue a writ of certiorari or any other writ or

order

quashing

the

impugned

order

dated

15/10/2022 on IA no.2 in EP no.73/2021 passed

by the 3rd Addl. Senior Civil Judge and JMFC,

Hubballi at Annexure-F, consequently allow the

petitioners application IA No.2 filed under Sec.151

CPC vide Annexure-D.

Any other and further relief as this Honorable

Court deems fit and just in the ends of justice.”

Heard learned counsel for the petitioners and

learned counsel for the respondent and perused the material on

record.

3.

When the matter came up before this Court on

08.12.2022, this Court passed the following order:

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The Executing Court has rejected the application

of the petitioners by which the petitioners sought for

a direction to be issued to the D.Hr to furnish copies

of the Adhar Card, PAN Card and Bank Pass Book to

enable the petitioners to transfer the decreetal

amount. This application had been rejected by the

Executing Court. The petitioners have filed an

affidavit before this Court which reads as follows;

“In this I Ibrahim S/o. Babalal Mokhasi Age: 65

years: Occ: Pensioner R/o. H.No. EWS 621, 2nd

Cross

Karnataka

Circle,

Navanagar,

Hubballi

580 025, Dist: Dharwad today in Dharwad do hereby

state on solemn affirmation as under.

“1.

I state that I am the Petitioner No.1 in

this case I know the facts of the case, as such I am

competent to swear to this affidavit. Hence, I am

swearing to this affidavit and on behalf of petitioner

No.2 also.

2.

I state that we have filed this petition

being aggrieved by the Order on IA No. 2 dated

15/10/2022 by the 3rd Addl. Senior Civil Judge &

JMFC,

Hubballi

in

not

considering

application,

requesting the court to direct the respondent herein

to furnish the details of Bank Account, Adhar Card

and PAN card in order to transfer the decreetal

amount.

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3.

I state that in order to pay the amount as

promised by us we have applied for loan before the

Poonawalla

Housing

Finance

Limited,

Branch

Hubballi. Accordingly, the said finance has sanctioned

an amount of Rs.24,50,000/- to purchase the said

property on 27/10/2022. Since the amount has to be

release

in

favour

of

the

Respondent

herein,

accordingly the fiancé requested us to submit the

documents of Respondent in order to update the KYC

I.e. Adhar Card, PAN Card, Voter ID and Bank

Particulars denoting his SB Account.

4.

I state that as per the request made by

the finance we filed the application seeking to furnish

the above particulars, but the said application is

rejected by the court below.

5.

I state that we are the retired persons

and we are unable to accumulate the said amount in

time and as such we applied for the loan. If the

respondent herein has submits the particulars as

required by the finance will be released the amount

directly in the name of the Respondent herein.

6.

I state that we are ready to pay 9%

interest on 24,00,000/- from 05/08/2020 to till its

realization.

Therefore the Hon'ble Court may please be

direct the Respondent to furnish the details as

required by the Poonawalla Housing Finance Limited,

- 5 -

Branch Hubballi in order to release the amount in

favour of Respondent in the interest of justice and

equity.”

In view of the affidavit, learned counsel

for the respondent submits that the copies of the

Adhar Card, PAN Card and Bank details would be

furnished within two days.

3.

Learned counsel for the petitioners stated

that the petitioners are willing to pay 9% interest on

the sum of Rs.24,00,000/- and he seeks for a

month’s time to pay the same.

4.

In my view, it would be appropriate to

award interest at the rate of 10% on Rs.24,00,000/-

as against 9% suggested by the petitioners since,

the petitioners have failed to discharge the obligation

of payment of the said amount for the past two

years. In fact, as per the compromise decree, the

petitioners are required to handover the possession if

a sum of Rs.24,00,000/- was not pa