- 1 - NC: 2025:KHC-D:2383 WP No. 102939 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 06TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102939 OF 2024 (GM-CPC) BETWEEN: 1. SMT. SULOCHANA W/O. RAJSHEKHAR INDI, AGE: 79 YEARS, OCC: HOUSEHOLD WORK, R/O. 14/2, “SHASHI NIVAS” 2ND CROSS, HOSUR, HUBBALLI-580021, DIST: DHARWAD-580001. 2. RAJENDRA S/O. RAJSHEKHAR INDI, AGE: 49 YEARS, OCC: BUSINESS, R/O. 14/2, “SHASHI NIVAS” 2ND CROSS, HOSUR, HUBBALLI-580021, DIST: DHARWAD-580001. 3. SRI. SHIVANAND S/O. GURUSIDDAPPA INDI, AGE: 72 YEARS, OCC: BUSINESS, R/O. ½, BOMMAPUR ONI, HUBLI-580 020. 4. SRI. SHASHIDHAR S/O. GURUSIDDAPPA INDI, AGE: 70 YEARS, OCC: BUSINESS, R/O. 1/2, BOMMAPUR ONI, HUBLI-580 020 5. M/S. M.G. INDI PETROLEUM DEALERS, KARWAR ROAD, HUBLI-580020 BY ITS PARTNER. …PETITIONERS (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. SMT. NIRMALA W/O. MALLIKARJUN MANVI, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. 8TH CROSS, K.C. RANI ROAD, GADAG-582101. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2383 WP No. 102939 of 2024 VISHWANATH INDI, SINCE DEAD BY HIS LR’S. 2. SMT. SUJATA W/O. VISHWANATH INDI, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. L-902, BRIGADE GATEWAY APARTMENTS 26/1, DR. RAJKUMAR ROAD, MALLESHWARAM (W), BANGALORE-560 055. 3. SMT. POOJA W/O. DEEPAK BEVINAMAR, AGE: 34 YEARS, OCC: PRIVATE SERVICE, R/O. L-902, BRIGADE GATEWAY APARTMENTS 26/1, DR. RAJKUMAR ROAD, MALLESHWARAM (W), BANGALORE-560 055. 4. SMT. DIVYA W/O. VIKAS K.B. AGE: 32 YEARS, OCC: PRIVATE SERVICE, R/O. L-902, BRIGADE GATEWAY APARTMENTS 26/1, DR. RAJKUMAR ROAD, MALLESHWARAM (W), BANGALORE-560 055. 5. SMT. UMA W/O. ISHWAR HUBLI, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O. Q-06, DIAMOND DISTRICT, HAL AIRPORT ROAD, BANGALORE-08. 6. SRI. MANJUNATH S/O. RACHAPPA INDI, AGE: 52 YEARS, OCC: BUSINESS, R/O. 1-10-45, KALLUR COLONY, STATION ROAD, RAICHUR, DIST: RAICHUR-584101. 7. SRI. ARVIND JAIDEV MIRAJI, AGE: 66 YEARS, OCC: SERVICE, R/O. OM SAINATH SOCIETY, 52/4, DADABHAI ROAD, LINKING ROAD EXT. SANTACRUZ (W) GR MUMBAI-54 MAHARASTRA STATE 8. KUMARI APARANA D/O. ARVIND MIRAJI, AGE: 28 YEARS, OCC: SERVICE, - 3 - NC: 2025:KHC-D:2383 WP No. 102939 of 2024 R/O. OM SAINATH SOCIETY, 52/4, DADABHAI ROAD, LINKING ROAD EXT. SANTACRUZ (W) GR MUMBAI-54 MAHARASTRA STATE. 9. SRI. RAVINDRA S/O. MALLIKARJUN INDI, AGE: 54 YEARS, OCC: SERVICE, R/O. OM SAINATH SOCIETY, 52/4, DADABHAI ROAD, LINKING ROAD EXT. SANTACRUZ (W) GR MUMBAI-54 MAHARASTRA STATE 10. KUM. SUNITA D/O. MALLIKARJUN INDI, AGE: 49 YEARS, OCC: NOT KNOWN, R/O. OM SAINATH SOCIETY, 52/4, DADABHAI ROAD, LINKING ROAD EXT. SANTACRUZ (W) GR MUMBAI-54 MAHARASTRA STATE. 11. SMT. HEMALATA W/O. BALACHANDRA YELAMELI, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O. 14/2, “SHASHI NIVAS” 2ND CROSS, HOSUR, HUBBALLI-580021, DIST: DHARWAD. 12. SMT. VIDYAVATI W/O. MANJUNATH KURAGUND, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O. 14/2, “SHASHI NIVAS” 2ND CROSS, HOSUR, HUBBALLI-580021, DIST: DHARWAD. 13. SMT. SUMANGALA W/O. SIDDESH J.K., AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. FLAT NO.4204, 4TH BLOCK, 20TH FLOOR, CASA PARADISE SHOBHA CITY, THANISANDRA, BANGALORE-560077 14. SMT. GEETA W/O. BASAVARAJ INDI, AGE: 64 YEARS, OCC: BUSINESS, R/O. 14/3, “SHASHI NIVAS”, 2ND CROSS, HOSUR, HUBLI-580 021 - 4 - NC: 2025:KHC-D:2383 WP No. 102939 of 2024 15. THE SPECIAL LAND ACQUISITION OFFICER, K.R.D.C.L. RAYAPUR, 1ST FLOOR, K.S.F.C. BUILDING, P.B. ROAD, RAYAPUR, DHARWAD-580009 16. INDIAN OIL CORPORATION LIMITED, BY SENIOR DIVISIONAL RETAIL SALES MANAGER, BELGAUM DIVISIONAL OFFICE, R/O. KHANAPUR ROAD, TILAKWADI, BELGAUM-590 006. …RESPONDENTS (BY SRI. DINESH M.KULKARNI, ADVOCATE FOR R1; NOTICE TO R16 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 25.05.2023 PASSED ON I.A NO.7 WHICH IS PRODUCED AT ANNEXURE-G AND ALSO THE ORDER DATED 01.03.2024 WHICH IS PRODUCED AT ANNEXURE-H PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HUBBALLI IN FDP NO.14/2022, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of certiorari quashing the impugned order dated 25.05.2023 passed on I.A No.7 which is produced at Annexure-G and also the order dated 01.03.2024 which is produced at Annexure- H passed by the Senior Civil Judge and JMFC, Hubballi in FDP No.14/2022. . - 5 - NC: 2025:KHC-D:2383 WP No. 102939 of 2024 b. Pass such other judgment, decree or order as deemed fit in the interest of justice and equity. 2. The grievance of the petitioners is that in the suit in O.S.No.96 of 2015, issue No.5 having been framed to ascertain if the plaintiff is entitled for mesne profits, if so, at what rate and from which date, having been rejected vide judgment dated 17.11.2021. The trial Court could not have appointed a charted accountant to ascertain annual net profits of the petrol bunk business, which will amount to enquiry in mesne profits. 3. Shri Dinesh Kulkarni., learned counsel appearing for respondent No.1 submits that vide aforesaid judgment, respondent No.1 also being held to be entitled to 1/7th share and the suit property being described as petrol bunk business, there would be a need to ascertain the annual net profits of the petrol bunk and the appointment of chartered accountant is proper. - 6 - NC: 2025:KHC-D:2383 WP No. 102939 of 2024 4. Having gone through the judgment of the trial Court, the trial Court has directed partition of the immovable properties but however, has denied mesne profits. The mesne profits could not only be as regards rentals to the other properties but also as regards the profits earned from the petrol bunk business. 5. The same having been rejected and respondent No.1 having filed a cross-appeal until any orders is passed in favour of respondent No.1 in those proceeding, the chartered accountant as a Commissioner could not have been appointed to ascertain the net profits of the petrol bunk business. 6. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. - 7 - NC: 2025:KHC-D:2383 WP No. 102939 of 2024 ii) The order dated 25.05.2023 passed in FDP No.14/2022 insofar as appointment of chartered accountant as Court Commissioner, is set-aside. iii) Liberty is however reserved to respondent No.1 to move the Court seized of the first appeal to seek for such reliefs’ in respect to the petrol bunk business as may be advised. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- List No.: 1 Sl No.: 41