IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO.13559 OF 2022 (GM-CPC)

BETWEEN:

H.P.SOMASHEKARAPPA S/O LATE PUTTAPPA, AGED ABOUT 52 YEARS, R/O HANUMANTHAPURA VILLAGE, HOLEHONNUR HOBLI, ARAHATHOLALU POST, BHADRAVATHI TALUK-577 301.

SHIVAMOGGA DISTRICT.

…PETITIONER (BY SRI. GURUPRASAD HEGDE., ADVOCATE FOR SRI. S.V.PRAKASH., ADVOCATE)

AND:

1. C.H.ARUNKUMAR HEGDE S/O HUCHAIAH, AGED ABOUT 42 YEARS, R/AT IDK-73/A, HUTTA COLONY, BHADRAVATHI-577 301. SHIVAMOGGA DISTRICT.

2. H.P.MALLESHAPPA S/O LATE PUTTAPPA, AGED ABOUT 64 YEARS, R/O HANUMANTHAPURA VILLAGE, HOLEHONNUR HOBLI, ARATHOLALU POST, BHADRAVATHI TALUK-577 301.

SHIVAMOGGA DISTRICT.

3. H.P.HIRANNAIAH S/O LATE PUTTAPPA, AGED ABOUT 58 YEARS, R/O HANUMANTHAPURA VILLAGE, HOLEHONNUR HOBLI, ARATHOLALU POST, BHADRAVATHI TALUK-577 301.

SHIVAMOGGA DISTRICT.

4. LALITHAMMA W/O LATE NEELAPPA, AGED ABOUT 51 YEARS, R/O ANASUVADI VILLAGE AND POST, SHIVAMOGGA TALUK.

5. GANGAMMA W/O MANJAPPA, AGED ABOUT 49 YEARS, R/O SANYASIKODAMAGI VILLAGE, ARATHOLALU POST, BHADRAVATHI TALUK-577 301.

SHIVAMOGGA DISTRICT.

6. CHANDRAMMA W/O KUBERAPPA, AGED ABOUT 44 YEARS, R/O KABALU VILLAGE, CHANNAGIRI TALUK-577 213, DAVANAGERE DISTRICT.

7. KUM. H.S.SRUSTI @ H.S.SHRUSTRI D/O H.P.SOMASHEKARAPPA, AGED ABOUT 15 YEARS, SINCE MINOR REP.BY HER MOTHER AND NATURAL GUARDIAN , T.MAMATHA, W/O H.P.SOMASHEKARAPPA, AGED ABOUT 40 YEARS, R/O HANUMANTHAPURA VILLAGE, HOLEHONNUR HOBLI, ARATHOLALU POST, BHADARAVATHI TALUK-577 301.

SHIVAMOGGA DISTRICT.

…RESPONDENTS (R1-SERVED;

V/O DTD: 27.10.2022-NOTICE TO R2 TO R7 ARE DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD.04.01.2020 PASSED BY THE LEARNED ADDITIONAL SR. CIVIL JUDGE AND JMFC BHADRAVATHI IN EX-CASE NO.6/2017 PRODUCED AS PER ANNEXURE-E TO THE W.P. AND ALSO SET ASIDE THE ORDER 28.06.2022 PASSED BY THE COURT OF LEARNED ADDITIONAL SR CIVIL JUDGE AND JMFC BHADRAVATHI IN EX NO.6/2017 PRODUCED AS ANNEXURE-J TO THE WRIT PETITION AND ETC.

THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

1. The present petition seeks to challenge an order dated 04.01.2020 passed in execution proceedings bearing Ex.Case No.6/2017 by the Additional Senior Civil Judge and JMFC, Bhadravathi [hereinafter referred to as the “Impugned Order”].

2. By the Impugned Order, an arrest warrant has been issued against the petitioner/Judgment Debtor No.2. This Court on the last date of hearing recorded that there was no presence on behalf of the respondent despite service. Given the fact that by an interim order was granted on 27.10.2022, the execution proceedings have been stayed by this Court and in view of the settled law as laid down by the Supreme Court, this Court deems it apposite to hear and decide this petition today.

3. The brief facts are that a suit for specific performance of contract or alternate relief of refund of advance amount in a sum of Rs.15,00,000/- was filed by the respondent/Decree Holder. The suit came to be decreed by a Judgment and Decree dated 10.08.2016, granting the relief of refund of the advance amount along with interest at the rate of 6% per annum from the date of the agreement.

4. The judgment debtor No.2 filed the present execution proceedings for execution of the judgment and decree passed in OS.No.68/2013. During the pendency of execution proceedings, an order was sought for issue of warrants of attachment as well as of the movable properties were sought. The warrants of attachment could not be executed because of the obstruction caused by the judgment debtor. Hence, the respondent/Decree Holder sought for an order of arrest against Judgment Debtor No.2 alone (the petitioner herein) since judgment debtors Nos.1 and 3 are women. It is this order of arrest of Judgment Debtor No.2/petitioner that has been challen