- 1 - HC-KAR NC: 2025:KHC-D:16081 WP No. 106345 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106345 OF 2025 (GM-CPC) BETWEEN: 1. SUBRAHMANAYA VISHWANATH HEGDE, AGE. 57 YEARS, OCC. AGRICULTURE, R/O. NAGARE PAIKE BENNEMANE, TQ. HONAVAR, UTTAR KANNADA, PIN-581 334. 2. KRISHAN VISHWANTH HEGDE, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. NAGARE PAIKE BENNEMANE, TQ. HONAVAR, UTTAR KANNADA-581 334. … PETITIONERS (BY SRI. DEEPAK C. MAGANUR, ADVOCATE) AND: 1. GANAAPATI GANAPA HEGADE, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. BENNEMANE, NAGARE, TQ. HONAVAR, UTTAR KANNADA-581 334. 2. N.G. KUMAR @ YAANE KUMAR S/O GANAPTI HEGADE, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. NAGARA PAIKE BENNEMANE, HONAVAR, UTTAR KANNADA-581 334. … RESPONDENTS (BY SRI. A.S. PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 11-06-2025 ON I.A. 1 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, HONNAVAR AT ANNEXURE-D2 TO THE WRIT PETITION, CONSEQUENTLY TO ALLOW THE APPLICATION. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:29 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16081 WP No. 106345 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners assailing the order dated 11.06.2025 passed on I.A.No.I under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 19081, in Civil Misc. No.06/2024 on the file of Principal Civil Judge, Honnavar. 2. I.A.No.I was initiated by the respondent/Decree Holder alleging violation of the temporary injunction order restraining the present petitioners from putting up any structure on the property bearing Sy.Nos.188/4 and 188/5 of Mugwa village. The present petitioners opposed the said application on the premise that their construction is situated in Sy.Nos.188/3 and 188/2 of Mugwa village. The Court rejected the application on the premise that the application was filed only with an intention to delay the proceedings, without assigning any other reasons. 1 For short, ‘Code’ - 3 - HC-KAR NC: 2025:KHC-D:16081 WP No. 106345 of 2025 3. Since the petitioners assert that the construction has not come up on the property covered by the injunction order, the best way to ascertain as to where the construction has come up, is to appoint a Court Commissioner. The ratio laid down in the case of Shadaksharappa Vs. K. Vijayalaxmi and Others2, would squarely apply to the facts of the present case. 4. Hence, the following: ORDER a) The writ petition is allowed. b) I.A.No.I filed under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 1908, for appointment of a Court Commissioner is also allowed. c) The Trial court shall fix the calendar of events as indicated in Shadaksharappa’s case (supra). 2 ILR 2023 Kar 3983 - 4 - HC-KAR NC: 2025:KHC-D:16081 WP No. 106345 of 2025 d) It is made clear that the Court has not expressed anything on the merits of the matter. e) All contentions kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 75