- 1 - NC: 2025:KHC-D:4679 WP No. 105603 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 105603 OF 2018 (GM-CPC) BETWEEN: 1. 1a) SRI. DODDA PAKKEERAPPA S/O LATE HANUMANTAPPA, DIED BY HER LR’S SMT.HANUMAWWA W/O LATE DODDA PAKEERAPPA, AGE: 45 YEARS, OCC: HOMEMAKER, 1b) SMT.ANALAMMA W/O RAMESH, D/O LATE DODDA PAKEERAPPA, AGE: 35 YEARS, OCC: HOMEMAKER, 1c) S. PRABHU S/O LATE DODDA PAKEERAPPA, AGE: 22 YEARS, OCC: AGRICULTURIST, 1d) SMT.ANJANAMMA W/O NINGAPPA, D/O LATE DODDA PAKEERAPPA, AGE: 20 YEARS, OCC: HOMEMAKER, 1e) KUMARI JYOTHI D/O LATE DODDA PAKEERAPPA, AGE: 19 YEARS, OCC: STUDENT, 1f) RAMESH S/O LATE DODDA PAKEERAPPA, AGE: 15 YEARS, OCC: STUDENT, PETITIONERS 1e) AND 1f) BEING MINORS ARE REPRESENTED BY THEIR NEXT FRIEND AND NATURAL MOTHER PETITIONER NO.1(a) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4679 WP No. 105603 of 2018 ALL ARE R/O: BALLAHUNASI VILLAGE, HAGARIBOMMANAHALLI TALUKA, DIST: BALLARI. …PETITIONERS (BY SRI. SHIVARAJ.S.BALLOLI, ADVOCATE) AND: 1. 1a) LATE K. DODDAYEMUNAPPA S/O LATE K.HANUMAVVA DIED PER LR’S SMT.GOURAMMA W/O LATE DODDAYEMANUPPA, AGE: 50 YEARS, OCC: HOUSEWIFE, R/O: KENCHHINABANDI VILLAGE, POST: ANEKAL, TQ: HAGARIBOMMANAHALLI, DIST: BALLARI. 1b) SMT.MARIYAMMA W/O SOMMAPPA, AGE: 30 YEARS, OCC: HOUSEWIFE, R/O: HAMPAPATTANA VILLAGE, TQ: HAGARIBOMMANAHALLI, DIST: BALLARI. 1c) MANJUNATH S/O LATE DODDAYEMANUPPA, AGE: 35 YEARS, OCC: AGRICULTURIST, R/O: KENCHHINABANDI VILLAGE, POST: ANEKAL, TQ: HAGARIBOMMANAHALLI, DIST: BALLARI. 1d) SMT.NETRAMMA W/O PAKKIRAPPA, AGE: 25 YEARS, OCC: HOUSEWIFE, R/O: KENCHHINABANDI VILLAGE, POST: ANEKAL, TQ: HAGARIBOMMANAHALLI, DIST: BALLARI. 1e) PRADEEP S/O LATE DODDAYEMANAPPA, AGE: 20 YEARS, OCC: STUDENT, R/O: KENCHHINABANDI VILLAGE, POST: ANEKAL, TQ: HAGARIBOMMANAHALLI, DIST: BALLARI. - 3 - NC: 2025:KHC-D:4679 WP No. 105603 of 2018 2. SANNA YEMUNAPPA S/O LATE K.HANUMAVVA, AGE: 50 YEARS, OCC: AGRICULTURIST, R/O: KENCHHINABANDI VILLAGE, POST: ANEKAL, TQ: HAGARIBOMMANAHALLI, DIST: BALLARI. 3. K.KADLABALAPPA S/O LATE K.HANUMAVVA AGE: 45 YEARS, OCC: AGRICULTURIST, R/O: KENCHHINABANDI VILLAGE, POST: ANEKAL, TQ: HAGARIBOMMANAHALLI, DIST: BALLARI. …RESPONDENTS (BY SRI. SANTHOSH.B.MALLIGAWAD., ADVOCATE FOR R1(a-e), R2-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shivaraj.S.Balloli., counsel for the petitioners and Sri.Santosh.B.Malligawad., counsel for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:16.08.2018 passed by the Civil Judge and JMFC, Hagaribommanahalli on I.A.No.22 in O.S.No.175/2011 vide Annexure-F and consequently allow the I.A.No.22 filed under Order 26 Rule 10A R/w. Section 151 of CPC vide Annexure-D. - 4 - NC: 2025:KHC-D:4679 WP No. 105603 of 2018 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The issue falls around a narrow compass and relates to the rejection of the appointment of a Commission for scientific investigation to compare the signatures of the defendants on Ex P-1 with that of the admitted signatures appearing on the written statement of defendant No. 1 and signatures of all the defendants on suit summons, Vakalth and ExP-46. As could be seen from the nature of lis between the parties, the plaintiff has filed the suit for the relief of declaration of title by way of adverse possession. To perfect title by adverse possession, three inseparable ingredients are necessary, they are: 1. Property, the subject of adverse possession; 2. Corpus possession is (physical possession): and 3. Animus possidendi (intention to exclude the adversary from possession). It is significant to note that the plaintiff applied under Order 26 Rule 10 (a) of CPC at a belated stage i.e., when the matter was set out for arguments. The Trial - 5 - NC: 2025:KHC-D:4679 WP No. 105603 of 2018 Court extenso referred to the material on record and rightly rejected the application. The Writ Petition is devoid of merits and the same is labile to be dismissed. 5. Resultantly, the Writ petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP LIST NO.: 2 SL NO.: 51