SIDDAPPA S/O RAMAPPA KAMATE vs SHRI PANDURANG CREDIT SOUHARD SAHAKARI LTD., CHIKODI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17435
WP No. 108562 of 2026
CNR: KAHC020186392026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ND
DATED THIS THE 22 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 108562 OF 2026 (GM-CPC)
BETWEEN:
SIDDAPPA S/O RAMAPPA KAMATE,
AGE: 80 YEARS, OCC. AGRICULTURE,
R/O. KAMATENNATTI VILLAGE,
TAL. CHIKKODI,
DIST. BELAGAVI-591226.
… PETITIONER
(BY SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. SHRI PANDURANG CREDIT
SOUHARD SAHAKARI LTD., CHIKODI,
REPRESENTED BY ITS SECRETARY,
LAKSHMAN KADAPPA ALAGUNDI,
AGE: 48 YEARS, OCC. SERVICE,
TAL. CHIKKODI,
DIST. BELAGAVI-591226.
2. ASHOK JYOTIRAM DHUMALE,
AGE: 58 YEARS, OCC. AGRICULTURE,
R/O. NAGARAL, TAL. CHIKODI,
DIST. BELAGAVI-591247.
3. MALARI BALAPPA MAGADUM,
SINCE DIED BY LRS.,
KRISHNABAI MALARI MAGADUM,
AGE: 57 YEARS,
Digitally signed
by YASHAVANT
NARAYANKAR
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
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NC: 2026:KHC-D:17435
WP No. 108562 of 2026
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OCC. AGRICULTURE/HOUSE WIFE,
R/O. NAGARAL, TAL. CHIKODI,
DIST. BELAGAVI-591247.
4. OMKAR MALARI MAGADUM,
AGE: 31 YEARS, OCC. AGRICULTURE,
R/O. NAGARAL, TAL. CHIKODI,
DIST. BELAGAVI-591247.
5. MAYURI MALARI MAGADUM,
AGE: 27 YEARS,
OCC. AGRICULTURE/HOUSEHOLD WORK,
R/O. NAGARAL, TAL. CHIKODI,
DIST. BELAGAVI-591247.
… RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT
QUASHING THE ORDER DATED 17.09.2026 ON I.A. NO.IV
UNDER ORDER XXI RULE 37 OF CODE OF CIVIL PROCEDURE
1908 (ARREST NOTICE) AND ORDER DATED 30.09.2026 ON AN
APPLICATION UNDER SECTION 151 OF CODE OF CIVIL
PROCEDURE 1908 PASSED IN E.P. NO.37/2023 BY THE I
ADDITIONAL CIVIL JUDGE AND JMFC, CHIKODI VIDE
ANNEXURE-F AND H AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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NC: 2026:KHC-D:17435
WP No. 108562 of 2026
CNR: KAHC020186392026
ORAL ORDER
This petition is filed challenging the order dated
17.09.2026 and the order dated 30.09.2026 passed in
E.P.No.37/2023 on the file of the I-Additional Civil Judge and
1
JMFC, Chikodi .
2. Learned counsel appearing for the
petitioner/Judgment Debtor No.1 would submit that the
impugned order dated 17.09.2026 is passed without issuing the
notice to the petitioner. It is urged that the petitioner had
moved an application to recall the order dated 17.09.2026, and
vide order dated 30.09.2026 the application is rejected and the
case is ordered to be listed on 24.10.2026.
3. It is further submitted that on 24.10.2026, there is
vacation to the Civil Court and as such, the petitioner cannot
appear before the Executing Court on that day. It is submitted
that the matter could not have been posted on 24.10.2026.
4. This Court has considered the contention of the
learned counsel for the petitioner and perused the records.
1
Hereinafter referred to as ‘the Executing Court’
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WP No. 108562 of 2026
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5. The impugned order dated 17.09.2026 reads as
under:
“Counsel for Dhr filed IA No.IV U/o XXI Rule 37
of CPC seeking issuance of arrest notice against
Jdr No.1. Perused the IA and satisfied with the
reasons stated therein.
Issue arrest notice to Jdr No.1 if PF paid.
Call on 24-01-2026.”
6. Admittedly, the application is filed under Order XXI
2
Rule 37 of the Code of Civil Procedure, 1908 . The tenor of the
order would clearly indicate that the Court has issued the notice
on the said application. The order dated 17.09.2026 is not an
order issuing arrest warrant.
7. Under Order XXI Rule 37 of CPC, the Court had the
discretion to dispense with the notice of the application if the
Court is of the view that the Judgment Debtor is delaying the
execution of the decree or the Judgment Debtor is likely to
abscond or leave the local limits of the jurisdiction of the Court.
2
Hereinafter referred to as ‘CPC’
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8. From the impugned order dated 17.09.2026, it is
noticed that the Court has not recorded any such finding to
dispense with the notice to the Judgment Debtor No.1 and from
the tenor of the order, it is very much apparent that the
impugned order dated 17.09.2026 is only a notice of the
application under Order XXI Rule 37 of CPC. This being the
position, this Court does not find any reason to quash the said
order dated 17.09.2026.
9. Learned counsel for the petitioner, at this juncture,
would submit that on 30.9.2026, his application to recall the
order dated 17.09.2026 is rejected.
10. The Court has considered the said order dated
30.09.2026 as well. The Court has rightly held that there is no
question of recalling the order. The reason is the application
under Order XXI Rule 37 of CPC is still pending consideration as
the order dated 17.09.2026 is only a notice on the application
seeking arrest of the Judgment Debtor No.1.
11. Under the circumstances, the order dated
30.09.2026 rejecting the petitioner's application to recall the
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WP No. 108562 of 2026
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order dated 17.09.2026 will not come in the way of Judgment
Debtor No.1 in filing objection to application under Order XXI
Rule 37 of the CPC and to seek appropriate order.
12. The petitioner/Judgment Debtor No.1 is permitted
to appear before the Executing Court on 27.10.2026 and he is
at liberty to move the Court and to file objection to the
application under Order XXI Rule 37 of CPC.
13. The Executing Court shall hear both parties and
thereafter pass the appropriate orders.
14. It is made clear that the application filed by the
Decree Holder under Order XXI Rule 37 is still available for
consideration on merit and Court has not expressed anything
on the merits of the application Order XXI Rule 37 of CPC,
which is pending before the Executing court.
15. The Court is conscious of the fact that this order is
passed without notice to the Decree Holder. The Decree Holder
is at liberty to move this Court for modification of this order if
the decree holder feels that this order has affected his right.
With the above observation, the petition stands dismissed.
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NC: 2026:KHC-D:17435
WP No. 108562 of 2026
CNR: KAHC020186392026
16. In view of disposal of the petition, pending
interlocutory applications, if any, do not survive for
consideration and are disposed of accordingly.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
YAN
CT:BCK
LIST NO.: 1 SL NO.: 1