SANKALLI MARULASIDDAPPA SON OF LATE BENAKAPPA vs T H M PARVATHAMMA

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC-D:17478
WP No. 104902 of 2022
C/W WP No. 100382 of 2022

CNR: KAHC020166482022





IN THE HIGH COURT OF KARNATAKA AT DHARWAD



TH
DATED THIS THE 27 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAGHAVENDRA SEETHARAM SRIVATSA

WRIT PETITION NO. 104902 OF 2022 (GM-CPC)

C/W

WRIT PETITION NO. 100382 OF 2022 (GM-CPC)



IN WP NO. 104902/2022

BETWEEN:

1. SANKALI MARULASIDDAPPA SON OF LATE
BENKAPPA,
AGED ABOUT 74 YEARS,

2. SANKALLI SHANKRAPPA SON OF MARULASIDDAPPA
AGED ABOUT 39 YEARS,

BOTH RESIDENTS BENAKANAHALLI,
UJJINI-POST, KUDLIGI TALUK
VIJAYANAGAR DISTRICT. PIN. 583135
…PETITIONERS
(BY PRAKASH R. BADIGER, ADVOCATE FOR
SRI. M R HIREMATHAD, ADVOCATES)

AND:





Digitally
signed by
ROHAN
HADIMANI T
Location:
high court of
karnataka,
dharwad
bench
Date:
2026.11.04
11:33:37
+0530

ROHAN
HADIMANI
T

1. T.H.M. PARVATHAMMA,
WIFE OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 68 YEARS, OCC. HOUSEWIFE,
RESIDENT OF UJJINI, KUDLIGI TALUK,
VIJAYANAGAR DISTRICT. PIN. 583135.

2. T.H.M. AKKAMMA @ AKKANGAMMA,
SON OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 52 YEARS, OCC. HOUSEWIFE,
RESIDENT OF TEACHERS COLONY,

- 2 -
HC-KAR
NC: 2026:KHC-D:17478
WP No. 104902 of 2022
C/W WP No. 100382 of 2022

CNR: KAHC020166482022



SANDUR- TALLUK -583119,
VIJAYANAGAR DISTRICT.

3. T.H.M.SULOCHANA,
DAUGHTER OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 44 YEARS, OCC. HOUSEWIFE,
RESIDENT OF UJJINI, KUDLIGI TALUK,
VIJAYANAGAR DISTRICT PIN. 583135.

4. T.H.M. DARUKASWAMY,
SON OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 48 YEARS,
RESIDENT OF HOSAPETE-583201,
VIJAYANAGAR DISTRICT.

5. T.H.M. KOTRAMMA,
DAUGHTER OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 46 YEARS, OCC. HOUSEWIFE,
RESIDENT OF SIRUGUPPA,
BALLARI- DISTRICT 583121.

6. T.H.M. SIDDALINGAMURTHY,
SON OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 44 YEARS, WORKING IN PRIVATE
RESIDENT OF JSW QUARTERS, TORANGALU,
SANDUR TALUK,
VIJAYANAGAR DISTRICT, PIN. 583135.

7. T.H.M. JAGADISH,
SON OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 42 YEARS, WORKING IN PRIVATE,
RESIDENT OF CHIKKAKODIHALLI,
BOMMANAHALLI, DHARWAD-580001.
…RESPONDENTS
(BY NOTICE TO R1 IS SERVED;
NOTICE TO R3 TO R7 ARE DISPENSED WITH;
SRI. V. S. KALASURMATH, ADVOCATE FOR R2 AND R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE OF
WRIT OF CERTIORARI OR ANY ORDER OR DIRECTION IN THE
NATURE OF CERTIORARI QUASHING THE ORDER OF ARREST
OF THE PETITIONERS/ JUDGMENT DEBTORS NO.1 AND 2

- 3 -
HC-KAR
NC: 2026:KHC-D:17478
WP No. 104902 of 2022
C/W WP No. 100382 of 2022

CNR: KAHC020166482022



DATED 17-10-2022 PASSED BY THE LEARNED SENIOR CIVIL
JUDGE AND JMFC, KUDLIGI IN I.A. NO. VII IN EX.P. NO.
1/2018 FILED BY THE RESPONDENT NO.1 /PLAINTIFF VIDE
ANNEXURE-G AND PASS SUCH OTHER ORDER OR DIRECTION
AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES
OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.

IN WP NO. 100382/2022
BETWEEN:
1. SANKALI MARULASIDDAPPA SON OF LATE BENKAPPA,
AGED ABOUT 74 YEARS,

2. SANKALLI SHANKRAPPA SON OF MARULASIDDAPPA
AGED ABOUT 39 YEARS,

BOTH RESIDENTS BENAKANAHALLI,
UJJINI-POST, KUDLIGI TALUK
VIJAYANAGAR DISTRICT.
...PETITIONERS
(BY SRI. DINESH M. KULKARNI, ADVOCATE)

AND:
1. T.H.M. PARVATHAMMA,
WIFE OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 68 YEARS, OCC. HOUSEWIFE,
RESIDENT OF UJJINI, KUDLIGI TALUK,
VIJAYANAGAR DISTRICT. PIN. 583135.

2. T.H.M. AKKAMMA,
SON OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 52 YEARS, OCC. HOUSEWIFE,
RESIDENT OF TEACHERS COLONY,
SANDUR- TALLUK,
VIJAYANAGAR DISTRICT-583119.

3. T.H.M.SULOCHANA,
DAUGHTER OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 44 YEARS, OCC. HOUSEWIFE,
RESIDENT OF UJJINI, KUDLIGI TALUK,
BALLARI DISTRICT PIN. 583135.

- 4 -
HC-KAR
NC: 2026:KHC-D:17478
WP No. 104902 of 2022
C/W WP No. 100382 of 2022

CNR: KAHC020166482022




4. T.H.M. DARUKASWAMY,
SON OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 48 YEARS,
RESIDENT OF HOSAPETE,
VIJAYANAGAR DISTRICT-583203.

5. T.H.M. KOTRAMMA,
DAUGHTER OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 46 YEARS, OCC. HOUSEWIFE,
RESIDENT OF SIRUGUPPA,
BALLARI- DISTRICT 583121.

6. T.H.M. SIDDALINGAMURTHY,
SON OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 44 YEARS, WORKING IN PRIVATE
RESIDENT OF JSW QUARTERS, TORANGALU,
SANDUR TALUK,
VIJAYANAGAR DISTRICT, PIN. 583119.

7. T.H.M. JAGADISH,
SON OF LATE T H M SIDDALINGASWAMY,
AGED ABOUT 42 YEARS, WORKING IN PRIVATE,
RESIDENT OF CHIKKAKODIHALLI-580068,
BOMMANAHALLI, BANGALORE.
...RESPONDENTS
(BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R3;
SRI. GIRISH KODWA AND SRI. D. J. DESHPANDE,
ADVOCATE FOR R4 TO R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE OF WRIT OF CERTIORARI OR ANY ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI QUASHING
THE ORDER DATED 07-12-2021 IN EX PETITION 1/2018
PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND
JMFC., KUDLIGI AND ALLOW THE APPLICATION AS
SOUGHT BY THE PETITIONERS IN I.A.NO.II VIDE
ANNEXURE-H FILED BY THE PETITIONERS AND PASS SUCH
OTHER ORDER OR DIRECTION AS THIS HON’BLE COURT
DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.

- 5 -
HC-KAR
NC: 2026:KHC-D:17478
WP No. 104902 of 2022
C/W WP No. 100382 of 2022

CNR: KAHC020166482022



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

CORAM: HON'BLE MR. JUSTICE RAGHAVENDRA SEETHARAM
SRIVATSA

ORAL ORDER

In WP No.104902/2022, the petitioner is aggrieved
by the order dated 17.10.2022 by which the Executing
Court issued arrest warrant against the Judgment Debtor
Nos.1 and 2. In WP No.100382/2022, the petitioner is
aggrieved by the order dated 07.12.2021 passed on IA
No.2 by which the application of the Judgment Debtor
seeking an enquiry under Order XXI Rule 23(2) r/w.
Section 151 was rejected by the Executing Court.

2. It is the case of the petitioners that they had
already paid the decretal sum to the decree holder and
thereafter, the Execution Petition had been dismissed. It
is their grievance that despite having received the
decretal sum and the Execution Petition having been
dismissed, they initiated the execution proceedings again

- 6 -
HC-KAR
NC: 2026:KHC-D:17478
WP No. 104902 of 2022
C/W WP No. 100382 of 2022

CNR: KAHC020166482022



wherein the present impugned order by which arrest
warrants have been issued against them.

3. Heard Sri.Prakash R. Badiger learned counsel
for the petitioners and Sri.V.S.Kalasurmath learned
counsel for all the respondents.

4. It is noticed that while issuing notice in Writ
Petition No.104902 of 2022, this Court had directed the
petitioners to deposit a sum of ₹2,00,000/- before this
Court. It is stated at the Bar that the said deposit has
been made and the sum of ₹2,00,000/- is lying in deposit
before this Court.

5. As recorded above, the controversy in these
two petitions is as to whether the petitioners-Judgment
Debtors had already paid the decretal sum to the decree-
holder. That is a question of fact. The execution petition is
still pending before the Executing Court.

6. The petitioners-Judgment Debtors had filed an
application under Order XXI Rule 23(2) of the Code of Civil
Procedure. The said provision requires the Executing Court

- 7 -
HC-KAR
NC: 2026:KHC-D:17478
WP No. 104902 of 2022
C/W WP No. 100382 of 2022

CNR: KAHC020166482022



to consider the objection filed by the Judgment Debtors
and pass an appropriate order.

7. Since the petitioners have deposited a sum of
₹2,00,000/-, which is lying in deposit before this Court,
and have also filed objections to the execution petition, it
is appropriate that the Executing Court considers the
objections and passes an appropriate order thereon after
hearing all the parties concerned.

8. In the aforesaid circumstances, it is directed
that the amount of ₹2,00,000/- deposited by the
petitioners before this Court be transferred to the
Executing Court. The Executing Court shall consider the
objections filed or to be filed by the petitioners. The Court
shall afford a reasonable opportunity to all the parties
concerned and then pass an order as to the further steps
to be taken in the execution proceedings.

9. Resultantly, the following order is passed:

(i) The writ petitions are disposed of .

- 8 -
HC-KAR
NC: 2026:KHC-D:17478
WP No. 104902 of 2022
C/W WP No. 100382 of 2022

CNR: KAHC020166482022




(ii) The matters are remitted to the Executing
Court, the orders dated 17.10.2022,
whereby the arrest warrant was issued by
the Executing Court, stands set aside.

(iii) The order dated 07.12.2021 is set aside and
the Executing Court shall consider the
objections of the petitioners and pass
appropriate orders.

(iv) The sum of ₹2,00,000/- deposited by the
petitioners in Writ Petition No.104902 of
2022 is directed to be transferred to the
Executing Court, which shall disburse the
amount to the successful party after passing
an appropriate order.

(v) The Executing Court shall deal with the
execution proceedings in terms of the
directions and observations made
hereinabove.

- 9 -
HC-KAR
NC: 2026:KHC-D:17478
WP No. 104902 of 2022
C/W WP No. 100382 of 2022

CNR: KAHC020166482022




(vi) The parties shall appear before the Executing
Court on 24.11.2026, without awaiting
further notice.

(vii) No order as to costs.



Sd/-
(RAGHAVENDRA SEETHARAM SRIVATSA)
JUDGE




PJ,VNP
CT:SD
LIST NO.: 1 SL NO.: 54