- 1 - HC-KAR NC: 2025:KHC-D:12990 WP No. 107032 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107032 OF 2025 (GM-CPC) BETWEEN: RAGHAVEDNRA S/O. MARUTI GOKAK, AGE: 45 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF GANGADHAR NAGAR, SETTLEMENT HUBBALLI, TQ. HUBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. A.C. CHAKALABBI AND ASSOCIATES, ADVOCATE) AND: 1. SOLOMAN SON OF DEVARAJ SANGANAHALLI AGE: 55 YEARS, OCCUPATION: BUSINESS, RESIDENT OF 40/A, GHANTIKERI ONI, CHURCH ROAD, HUBBALLI-580020, TQ. HUBBALLI, DIST. DHARWAD. 2. ANNAMMA W/O. SOLOMAN SANGANAHALLI, AGE: 53 YEARS, OCCUPATION: STAFF NURSE, RESIDENT OF 40/A, GHANTIKERI ONI, CHURCH ROAD, HUBBALLI-580020, TQ. HUBBALLI, DIST. DHARWAD. 3. SHAREEN W/O. BASU BHAJANTRI, AGE: 28 YEARS, OCCUPATION: HOUSEHOLD WORK, RESIDENT OF GANGADHAR NAGAR, SETTLEMENT, HUBBALLI-580020, TQ. HUBBALLI, DIST. DHARWAD. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12990 WP No. 107032 of 2025 THIS WP IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. TO ISSUE A WRIT OF CERTIORARI FOR QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-A ON IA NO. 5 DTD. 11-09-2025 PASSED BY THE V ADDL CIVIL JUDGE AND JMFC, HUBBALLI IN O.S NO. 369/2024 WHEREIN THE APPLICATION FILED UNDER SEC 151 CPC CAME TO BE ALLOWED AND DEFENDANT PERMITTED TO TAKE ELECTRICITY CONNECTION TO THEIR OCCUPIED RESIDENTIAL HOUSE AND FURTHER DIRECTED TO HESCOM AUTHORITY TO INSTALL NEW ELECTRICITY METER TO THE OCCUPIED RESIDENCE OF THE DEFENDANTS BY SUPPLYING ELECTRICITY. FURTHER THE PLAINTIFF IS DIRECTED NOT TO CAUSE ANY HURDLE TO THE HESCOM AUTHORITY TO INSTALL NEW ELECTRICITY METER TO THE OCCUPIED RESIDENTIAL HOUSE OF THE DEFENDANTS. II. THE HON'BLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ of certiorari for quashing the impugned order vide Annexure-A on IA No. 5 dtd 11-09-2025 passed by the V Addl Civil Judge and JMFC, Hubballi in O.S No. 369/2024 wherein the application filed under Sec 151 CPC came to be allowed and defendant permitted to take electricity connection to their occupied residential house and further directed to HESCOM authority to install new electricity meter to the occupied residence of the - 3 - HC-KAR NC: 2025:KHC-D:12990 WP No. 107032 of 2025 defendants by supplying electricity, further the plaintiff is directed not to cause any hurdle to the HESCOM authority to install new electricity meter to the occupied residential house of the defendants. ii. The Hon'ble Court may also be pleased to pass any other writ, order, direction etc in the above case to serve the ends of justice. 2. The petitioner has filed a suit in O.S. No.369/2025 restraining the defendants from interfering with the possession of the petitioner as regards the suit schedule property. In the said suit, an application has been filed by the defendants in I.A. No.5 seeking for permission to install new electricity meter in place of an old meter in property situtated at H.No.48/A, PID No.7992/2 with R.R. No.8459 and R.R. No.311345 situated at Ghantikeri Oni, Hubballi and as the said application has been allowed, the petitioner is before this Court challenging the said order. 3. Learned counsel for the petitioner submits that the house number is not that which is the subject matter of the suit. So also the meters with aforesaid R.R. - 4 - HC-KAR NC: 2025:KHC-D:12990 WP No. 107032 of 2025 numbers are not situated in the suit schedule property. 4. If that be so, in my considered opinion, the petitioner cannot have any objection. 5. The application is not for installation of the new meter, but to replace the existing electricity meter with a new one as indicated therein. If that were to be so, the concerned Authority would be replacing the R.R.No.8459 and R.R. No.311345. The petitioner can not have any grievance in replacing the same, the petition is disposed off at the stage of admission. 6. It is made clear that this Court has not expressed any opinion on the identity of the property. Sd/- (SURAJ GOVINDARAJ) JUDGE RH CT:PA/ List No.: 1 Sl No.: 18