Karnataka High Court
Sri Chandragouda Alias Chandrashekar ... vs Sri Chandrashekar S/O Andanappa Dindur on 12 February, 2026
-1-
NC: 2026:KHC-D:2220
WP No. 100239 of 2026
C/W WP No. 100240 of 2026
HC-KAR
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:
Digitally
signed by
YASHAVANT
YASHAVANT NARAYANKAR
SRI. CHANDRASHEKAR S/O. ANDANAPPA DINDUR,
NARAYANKAR Date:
2026.02.18
10:45:02
+0530
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
-2-
NC: 2026:KHC-D:2220
WP No. 100239 of 2026
C/W WP No. 100240 of 2026
HC-KAR
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-
NC: 2026:KHC-D:2220
WP No. 100239 of 2026
C/W WP No. 100240 of 2026
HC-KAR
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- NC: 2026:KHC-D:2220 WP No. 100239 of 2026 C/W WP No. 100240 of 2026 HC-KAR 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- NC: 2026:KHC-D:2220 WP No. 100239 of 2026 C/W WP No. 100240 of 2026 HC-KAR 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