IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.101321 OF 2026 (GM-CPC)

BETWEEN:

GEETA SHANKAR NAIK (SINCE DECEASED BY LRS)

1. SHANKAR S/O. MAHADEV NAIK, AGE. 56 YEARS, OCC. AGRICULTURE, R/O. CHIPAGI, TQ. SIRSI, DIST. UTTAR KANNADA-581402.

2. HEMANT S/O. SHANKAR NAIK, AGE. 26 YEARS, OCC. PRIVATE WORK, R/O. CHIPAGI, TQ. SIRSI, DIST. UTTAR KANNADA-581402. 3. LOHIT S/O. SHANKAR NAIK, Digitally signed by VIJAYALAKSHMI M AGE. 25 YEARS, OCC. STUDENT, KANKUPPI R/O. CHIPAGI, TQ. SIRSI, Location: HIGH DIST. UTTAR KANNADA-581402.

COURT OF …PETITIONERS KARNATAKA (BY SRI. VENKATESH M.KHARVI, ADVOCATE)

AND:

1. VINAYAKA FINANCE CORPORATION, SIDDAPUR R/BY MANAGING PARTNER SHRI ANANDA IRA NAIK R/BY ITS GPA HOLDER, SHRI. SHRIDHAR MAHABALESHWAR HEGDE, OCC. MANAGER, R/O. BILAGI, SHRI VINAYAK FINANCE CORPORATION ®

SIDDAPUR, TQ. SIDDAPUR, DIST. UTTAR KANNADA-581420.

2. SHRI NARAYAN MURKUNDI NAIK, AGE. 86 YEARS, OCC. NIL, R/O. SHIVANAI, SIRSI TOWN, SIRSI, DIST. UTTAR KANNADA-581402.

3. SHRI. SHRIPATI S/O. NARAYAN MADIWAL, AGE. 43 YEARS, OCC. BUSINESS, R/O. KADAKERI, POST. TYARSI, TQ. SIDDAPUR, DIST. UTTAR KANNADA-581402.

…RESPONDENTS (BY SRI. SOURABH HEGDE, ADVOCATE FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 09/02/2026 PASSED BY THE SENIOR CIVIL JUDGE AND PRL. JMFC SIRSI (ITINERARY COURT AT SIDDAPURA) IN EX. NO.11/2016 ON I.A NO.V VIDE ANNEXURE-T IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE SUCH OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON

19.02.2026, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CAV ORDER Aggrieved by the order passed in Ex.No.11/2016 dated

09.02.2026 by the Senior Civil Judge and Principal JMFC, Sirsi (itinerary Court at Siddapura), the petitioners/Judgment Debtor Nos.2(A) to (C) are before this Court.

2. The JDr No.1 has taken loan from the respondent No.1 on 21.07.2008 and JDr Nos.2 and 3 stood as guarantor to the finance corporation. On 03.08.2017, JDR.No.2 had purchased the property bearing Sy.No.226*/2C measuring 2 Guntas situated at Sirsi Taluk, Sirsi District, Uttar Kannada. When the borrower has failed to pay the money, suit was filed and the suit came to be decreed on 28.11.2012 and awarded an amount of Rs.14,65,331/-. The decree holder had filed execution petition claiming an amount of Rs.27,19,958/-. The sale proclamation was issued by the Execution Court and the spot sale was conducted. The bailiff had filed a report in respect of the sale.

3. It is stated that in the auction proceedings, three bidders had participated and one Girish Ramakrishna Hegde was the highest bidder for an amount of Rs.15,00,000/-. On 17.09.2022, the bailiff had filed report in respect of the auction and the property details. The bailiff had visited the spot and made Panchanama in respect of the auction property on 05.01.2023. On 13.01.2023, the trial Court had issued notice to JDR No.2 in respect of the auction sale and bailiff had filed report stating that they have made Panchanama. On 16.01.2023, the bailiff had filed report in respect of the spot sale stating that there is no road to approach the property. The decree holder had filed application for appointment of Court commissioner to issue sale certificate. The decree holder had filed application to bring the legal representatives of JDR No.2 on record and that application came to be dismissed.

4. While that being so, JDR No.2 had filed I.A.No.5 under Order 21 Rule 90 of CPC to set aside the auction sale. In the affidavit that is filed in support of the same, it is stated that the decree hold