Disposed¶36

Goususab S/O Kashimsab Rati v. Udaykumar S/O Veerappa Chinchali

Karnataka HC19 Feb 2026WP/101409/2026

Case brief

AI extract

What is this about?

Keywords: writ of mandamus; expeditious disposal of interlocutory application; Order 21 Rule 29 CPC / Order XXIX Rule 29 CPC (both forms as cited); stay of execution proceedings; unconsidered IA; Execution Petition No.02/2025; Court of Civil Judge and JMFC, Navalagund; Articles 226 and 227, Constitution of India; Karnataka High Court, Dharwad bench; Lalitha Kanneganti J.; WP No.101409 of 2026; GM-CPC; no notice to respondent where no adverse order; disposal without adjudication of rights.

What did the court decide?

Mandamusal direction to the Executing Court (Civil Judge and JMFC, Navalagund) to consider IA No.2/2025 and pass appropriate orders in accordance with law as expeditiously as possible; writ petition disposed of. ¶36

Goususab S/O Kashimsab Rati Vs Udaykumar S/O… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC-D:2624 WP No. 101409 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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WRIT PETITION NO.101409 OF 2026 (GM-CPC)

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BETWEEN:

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GOUSUSAB S/O. KASHIMSAB RATI, AGE. 48 YEARS, OCC. AGRICULTURE, R/AT. HORAKERI ONI, ANNIGERI, TQ. ANNIGERI, DIST. DHARWAD-582201.

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…PETITIONER

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(BY SRI. GOURISHANKAR MOT, ADVOCATE)

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AND:

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UDAYKUMAR S/O. VEERAPPA CHINCHALI, AGE. 30 YEARS, OCC. BUSINESS, R/AT. ANTURU-BENTURU, TQ. GADAG, DIST. GADAG-582101, NOW AT NEAR BUS-STOP, ANNIGERI TQ. ANNIGERI, DIST. DHARWAD-582201.

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YASHAVANT NARAYANKAR

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Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.19 12:32:55 +0000

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE HON’BLE COURT OF THE CIVIL JUDGE AND JMFC, AT NAVALAGUND TO EXPEDITIOUSLY DISPOSE OF THE I.A NO.02/2025 FILED UNDER ORDER 21, RULE 29 OF CPC DATED 23/07/2025 AS ANNEXURE-C FILED IN EXECUTION PETITION NO.02/2025 AND ENTIRE PROCEEDINGS, IN ACCORDANCE WITH LAW, WITHIN A TIME FRAME AS MAY BE FIXED BY THIS HON’BLE COURT; B) PASS SUCH OTHER OR DIRECTION AS THIS HON’BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2026:KHC-D:2624 WP No. 101409 of 2026

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HC-KAR

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayer:

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“a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Hon’ble Court of the Civil Judge and JMFC, at Navalagund to expeditiously dispose of the I.A no.02/2025 filed Under Order 21, Rule 29 of CPC dated 23/07/2025 as ANNEXURE-C filed in Execution Petition no.02/2025 and Entire proceedings, in accordance with law, within a time frame as may be fixed by this Hon’ble Court;

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b) Pass such other or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.”

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It is submitted that IA No.2 is filed on 23.07.2025

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under Order XXIX Rule 29 of CPC seeking stay of the proceedings, however, till date, the Executing Court has not considered the same. Hence, the petitioner is before this Court seeking a writ of mandamus to direct the Executing Court to consider the said IA.

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3 - NC: 2026:KHC-D:2624 WP No. 101409 of 2026

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HC-KAR

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Having heard the learned counsel for the

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petitioner, this Court is not issuing notice to the respondent, as this Court is not passing any adverse orders against the respondent. The petitioner had filed IA No.2 seeking stay of the proceedings on 23.07.2025, but the Executing Court has not considered the same. Accordingly, this Court is passing the following:

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ORDER

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i) The Executing Court shall consider the said IA and pass appropriate orders in accordance with law as expeditiously as possible.

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ii) Accordingly, the writ petition is disposed of .

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Sd/JUSTICE LALITHA KANNEGANTI

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JTR CT: UMD List No.: 1 Sl No.: 26

Goususab S/O Kashimsab Rati v. Udaykumar S/O Veerappa Chinchali

Case brief

What is this about?

What did the court decide?

Goususab S/O Kashimsab Rati v. Udaykumar S/O Veerappa Chinchali

Case brief

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