- 1 - HC-KAR NC: 2025:KHC-D:16368 WP No. 100472 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100472 OF 2025 (GM-CPC) BETWEEN: GANGAPPA S/O RUDRAGOUDA SIDDANAGOUDAR, AGED ABOUT 60 YEARS, OCC. AGRICULTURE, R/O. BURADIKATTI VILLAGE, HIREKERURU TALUK, DIST. HAVERI-581 111. & PETITIONER (BY SRI. S.G. KADADAKATTI, ADVOCATE) AND: 1. IRAPPA S/O GANGAPPA DODDAGOUDAR, AGED ABOUT 70 YEARS, OCC. AGRICULTURIST, R/O. BURADIKATTI VILLAGE, HIREKERURU TALUK, DIST. HAVERI-581 111. 2. DEVENDRAPPA S/O IRAPPA DODDAGOUDAR, AGED ABOUT 42 YEARS, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:32:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16368 WP No. 100472 of 2025 OCC. AGRICULTURIST, R/O. BURADIKATTI VILLAGE, HIREKERURU TALUK, DIST. HAVERI-581 111. 3. HONNAPPA S/O IRAPPA DODDAGOUDAR, AGED ABOUT 38 YEARS, OCC. AGRICULTURIST, R/O. BURADIKATTI VILLAGE, HIREKERURU TALUK, DIST. HAVERI-581 111. & RESPONDENTS (BY SRI. GIRISH S. HULMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI FOR QUASHING THE ORDER DATED 20.12.2024 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC HIREKERUR ON I.A. NO.18 IN O.S. NO.47/2014 VIDE ANNEXURE-E BY ALLOWING THIS WRIT PETITION IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16368 WP No. 100472 of 2025 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 petitioner/plaintiff assailing the order dated 20.12.2024 passed on I.A.No.XVIII filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1908, in O.S.No.47/2014 on the file of Additional Civil Judge, Hirekerur1. 2. The Trial Court allowed the application filed by the defendants seeking appointment of a Court Commissioner. The plaintiff has filed a suit for declaration and injunction, claiming an easement of necessity as well as easement of prescription. The Trial Court has assigned elaborate reasons for passing the impugned order. 3. Learned counsel for the petitioner would submit that the appointment of Court Commissioner is not necessary and submits that the petition has to be allowed and order is to be set-aside. 1 For short, 8Trial Court9 - 4 - HC-KAR NC: 2025:KHC-D:16368 WP No. 100472 of 2025 4. In the alternative, learned counsel for the petitioner would submit that in case the Court Commissioner to be appointed shall also take assistance of the Assistant Director of Land Records to measure the property. 5. The Court is of the view that appointment of a Court Commissioner in the instant case is necessary, considering the contentions raised by both the parties. 6. The Court does not find any reasons not to appoint Court Commissioner. However, considering the submission, the order is modified providing for assistance of Assistant Director of Land Records to the Advocate Commissioner to inspect the suit property and to submit the report. 7. The Trial Court shall issue appropriate guidelines to the Court Commissioner in terms of the law laid down in - 5 - HC-KAR NC: 2025:KHC-D:16368 WP No. 100472 of 2025 Shadaksharappa S/o Veranna and Another Vs. Vijayalakshmi and Others2 to the extent applicable. 8. With these observations, the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP/CHS CT:BCK LIST NO.: 1 SL NO.: 1 2 W.P.No.201274/2012 decided on 24.01.2023