- 1 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105106 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 104973 OF 2024 (GM-CPC) WRIT PETITION NO. 105932 OF 2024 (GM-CPC) IN W.P. NO.105106 OF 2024: BETWEEN: 1. 2. 3. 4. 5. 6. 7. 8. RAMA S/O. KEDARI KHICHADE, AGE: 98 YEARS, OCC: AGRICULTURE, SIDDAPPA S/O. BANAPPA KHICHADE, AGE: 44 YEARS, OCC: AGRICULTURE, SMT. GANGAVVA W/O. BANAPPA KHICHADE, AGE: 67 YEARS, OCC: HOUSEHOLD WORK, SMT. MAHADEVI D/O. BANAPPA KHICHADE, AGE: 50 YEARS, OCC: H.H. WORK AND AGRICULTURE, SMT. SUREKHA W/O. BASAVARAJ KHICHADE, AGE: 45 YEARS, OCC: H.H. WORK AND AGRICULTURE, SATISH S/O. BASAVARAJ KHICHADE, AGE: 22 YEARS, OCC: AGRICULTURE, SADASHIV S/O. BASAVARAJ KHICHADE, AGE: 17 YEARS, OCC: STUDENT, LAXMI D/O. BASAVARAJ KHICHADE, AGE: 16 YEARS, OCC: STUDENT, SINCE, PETITIONER NO.7 AND 8 ARE MINORS, REP. BY THEIR NATURAL MOTHER AND MINOR GUARDIAN CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 SMT. SUREKHA W/O. BASAVARAJ KHICHADE (PETITIONER NO.6) ALL THE PETITIONERS ARE R/O. VIVEK NAGAR, RAIBAG-591 317, TQ. RAIBAG, DIST. BELAGAVI. & PETITIONERS (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. 2. 3. 4. 5. 6. 7. 8. 9. MAHADEV S/O. BHIMA TARAL, AGE: 72 YEARS, OCC: AGRICULTURE, SMT. SAROJINI W/O. SADASHIV TARAL, AGE: 67 YEARS, OCC: H.H. WORK AND AGRICULTURE, SANJU S/O. SADASHIV TARAL, AGE: 47 YEARS, OCC: AGRICULTURE, MARUTI S/O. SADASHIV TARAL, AGE: 44 YEARS, OCC: AGRICULTURE, ANIL S/O. SADASHIV TARAL, AGE: 42 YEARS, OCC: AGRICULTURE, SMT. KALAVATI W/O. SUNIL TARAL, AGE: 37 YEARS, OCC: H.H. WORK AND AGRICULTURE, SHIVANI D/O. SUNIL TARAL, AGE: 14 YEARS, OCC: STUDENT, VARALAXMI D/O. SUNIL TARAL, AGE: 11 YEARS, OCC: STUDENT, SHREYUS S/O. SUNIL TARAL, AGE: 09 YEARS, OCC: STUDENT, SINCE, RESPONDENT NOS.7 TO 9 ARE MINORS, REP. BY THEIR NATURAL MOTHER AND MINOR GUARDIAN SMT. KALAVATI W/O. SUNIL TARAL (RESPONDENT NO.6) - 3 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 10. 11. 12. SMT. VAISHALI W/O. DAYANAND TARAL, AGE: 42 YEARS, OCC: AGRICULTURE, VIJAYALAXMI D/O. DAYANAND TARAL, AGE: 21 YEARS, OCC: STUDENT AND H.H. WORK, SANTOSH S/O. DAYANAND TARAL, AGE: 17 YEARS, OCC: STUDENT, SINCE, RESPONDENT NO.12 IS MINOR, REP. BY HIS NATURAL MOTHER AND MINOR GUARDIAN SMT. VAISHALI W/O. DAYANAND TARAL (RESPONDENT NO. 10) ALL THE RESPONDENTS ARE R/O. VIVEK NAGAR, RAIBAG-591 317, TQ. RAIBAG, DIST. BELAGAVI. & RESPONDENTS (BY SRI. VIJAY K. NAIK, ADVOCATE FOR R1 TO R11; R7 TO R9 ARE MINORS R/BY NATURAL GUARDIAN MOTHER R6; R12 IS MINOR R/BY NATURAL GUARDIAN MOTHER R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI SET ASIDE THE ORDER DATED 08.02.2024 PASSED IN MA NO.12/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT RAIBAG, VIDE ANNEXURE-A CONFIRMING THE ORDER DATED 22.05.2023 PASSED ON IA NO.1 IN O.S. NO.1931/2022 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, RAIBAG VIDE ANNEXURE-B, CONSEQUENTLY, ALLOW IA NO.1 AND ETC. IN W.P. NO.104973 OF 2024: BETWEEN: 1. 2. RAMA S/O. KEDARI KHICHADE, AGE: 98 YEARS, OCC: AGRICULTURE, SIDDAPPA S/O. BANAPPA KHICHADE, AGE: 44 YEARS, OCC: AGRICULTURE, - 4 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 3. 4. 5. 6. 7. 8. SMT. GANGAVVA W/O. BANAPPA KHICHADE, AGE: 67 YEARS, OCC: HOUSEHOLD WORK, SMT. MAHADEVI D/O. BANAPPA KHICHADE, AGE: 50 YEARS, OCC: H.H. WORK AND AGRICULTURE, SMT. SUREKHA W/O. BASAVARAJ KHICHADE, AGE: 45 YEARS, OCC: H.H. WORK AND AGRICULTURE, SATISH S/O. BASAVARAJ KHICHADE, AGE: 22 YEARS, OCC: AGRICULTURE, SADASHIV S/O. BASAVARAJ KHICHADE, AGE: 17 YEARS, OCC: STUDENT, LAXMI D/O. BASAVARAJ KHICHADE, AGE: 16 YEARS, OCC: STUDENT, SINCE, PETITIONER NO.7 AND 8 ARE MINORS, REP. BY THEIR NATURAL MOTHER AND MINOR GUARDIAN SMT. SUREKHA W/O. BASAVARAJ KHICHADE (PETITIONER NO.6) ALL THE PETITIONERS ARE R/O. VIVEK NAGAR, RAIBAG-591 317, TQ. RAIBAG, DIST. BELAGAVI. & PETITIONERS (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. 2. 3. MAHADEV S/O. BHIMA TARAL, AGE: 72 YEARS, OCC: AGRICULTURE, SMT. SAROJINI W/O. SADASHIV TARAL, AGE: 67 YEARS, OCC: H.H. WORK AND AGRICULTURE, SANJU S/O. SADASHIV TARAL, AGE: 47 YEARS, OCC: AGRICULTURE, - 5 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 4. 5. 6. 7. 8. 9. 10. 11. 12. MARUTI S/O. SADASHIV TARAL, AGE: 44 YEARS, OCC: AGRICULTURE, ANIL S/O. SADASHIV TARAL, AGE: 42 YEARS, OCC: AGRICULTURE, SMT. KALAVATI W/O. SUNIL TARAL, AGE: 37 YEARS, OCC: H.H. WORK AND AGRICULTURE, SHIVANI D/O. SUNIL TARAL, AGE: 14 YEARS, OCC: STUDENT, VARALAXMI D/O. SUNIL TARAL, AGE: 11 YEARS, OCC: STUDENT, SHREYUS S/O. SUNIL TARAL, AGE: 09 YEARS, OCC: STUDENT, SINCE, RESPONDENT NOS.7 TO 9 ARE MINORS, REP. BY THEIR NATURAL MOTHER AND MINOR GUARDIAN SMT. KALAVATI W/O. SUNIL TARAL (RESPONDENT NO.6) SMT. VAISHALI W/O. DAYANAND TARAL, AGE: 42 YEARS, OCC: AGRICULTURE, VIJAYALAXMI D/O. DAYANAND TARAL, AGE: 21 YEARS, OCC: STUDENT AND H.H. WORK, SANTOSH S/O. DAYANAND TARAL, AGE: 17 YEARS, OCC: STUDENT, SINCE, RESPONDENT NO.12 IS MINOR, REP. BY HIS NATURAL MOTHER AND MINOR GUARDIAN SMT. VAISHALI W/O. DAYANAND TARAL (RESPONDENT NO. 10) ALL THE RESPONDENTS ARE R/O. VIVEK NAGAR, RAIBAG-591 317, TQ. RAIBAG, DIST. BELAGAVI. & RESPONDENTS (BY SRI. VIJAY K. NAIK, ADVOCATE FOR R1 TO R11; R7 TO R9 ARE MINORS R/BY NATURAL GUARDIAN OF - 6 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 MOTHER R6; R12 IS MINOR R/BY NATURAL GUARDIAN MOTHER R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI SET ASIDE THE ORDER DATED 08.02.2024 PASSED IN MA NO.13/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT RAIBAG, VIDE ANNEXURE-A CONFIRMING THE ORDER DATED 22.05.2023 PASSED ON IA NO.1 IN O.S. NO.1915/2022 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, RAIBAG VIDE ANNEXURE-B, CONSEQUENTLY, ALLOW IA NO.1 AND ETC. IN W.P. NO.105932 OF 2024: BETWEEN: 1. 2. 3. 4. 5. 6. 7. 8. RAMA S/O. KEDARI KHICHADE, AGE: 98 YEARS, OCC: AGRICULTURE, SIDDAPPA S/O. BANAPPA KHICHADE, AGE: 44 YEARS, OCC: AGRICULTURE, SMT. GANGAVVA W/O. BANAPPA KHICHADE, AGE: 67 YEARS, OCC: HOUSEHOLD WORK, SMT. MAHADEVI D/O. BANAPPA KHICHADE, AGE: 50 YEARS, OCC: H.H. WORK AND AGRICULTURE, SMT. SUREKHA W/O. BASAVARAJ KHICHADE, AGE: 45 YEARS, OCC: H.H. WORK AND AGRICULTURE, SATISH S/O. BASAVARAJ KHICHADE, AGE: 22 YEARS, OCC: AGRICULTURE, SADASHIV S/O. BASAVARAJ KHICHADE, AGE: 17 YEARS, OCC: STUDENT, LAXMI D/O. BASAVARAJ KHICHADE, AGE: 16 YEARS, OCC: STUDENT, - 7 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 SINCE, PETITIONER NO.7 AND 8 ARE MINORS, REP. BY THEIR NATURAL MOTHER AND MINOR GUARDIAN SMT. SUREKHA W/O. BASAVARAJ KHICHADE (PETITIONER NO.6) ALL THE PETITIONERS ARE R/O. VIVEK NAGAR, RAIBAG-591 317, TQ. RAIBAG, DIST. BELAGAVI. & PETITIONERS (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. 2. 3. 4. 5. 6. 7. 8. 9. MAHADEV S/O. BHIMA TARAL, AGE: 72 YEARS, OCC: AGRICULTURE, SMT. SAROJINI W/O. SADASHIV TARAL, AGE: 67 YEARS, OCC: H.H. WORK AND AGRICULTURE, SANJU S/O. SADASHIV TARAL, AGE: 47 YEARS, OCC: AGRICULTURE, MARUTI S/O. SADASHIV TARAL, AGE: 44 YEARS, OCC: AGRICULTURE, ANIL S/O. SADASHIV TARAL, AGE: 42 YEARS, OCC: AGRICULTURE, SMT. KALAVATI W/O. SUNIL TARAL, AGE: 37 YEARS, OCC: H.H. WORK AND AGRICULTURE, SHIVANI D/O. SUNIL TARAL, AGE: 14 YEARS, OCC: STUDENT, VARALAXMI D/O. SUNIL TARAL, AGE: 11 YEARS, OCC: STUDENT, SHREYUS S/O. SUNIL TARAL, AGE: 09 YEARS, OCC: STUDENT, SINCE, RESPONDENT NOS.7 TO 9 ARE MINORS, REP. BY THEIR NATURAL MOTHER AND MINOR GUARDIAN - 8 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 10. 11. 12. SMT. KALAVATI W/O. SUNIL TARAL (RESPONDENT NO.6) SMT. VAISHALI W/O. DAYANAND TARAL, AGE: 42 YEARS, OCC: AGRICULTURE, VIJAYALAXMI D/O. DAYANAND TARAL, AGE: 21 YEARS, OCC: STUDENT AND H.H. WORK, SANTOSH S/O. DAYANAND TARAL, AGE: 17 YEARS, OCC: STUDENT, SINCE, RESPONDENT NO.12 IS MINOR, REP. BY HIS NATURAL MOTHER AND MINOR GUARDIAN SMT. VAISHALI W/O. DAYANAND TARAL (RESPONDENT NO. 10) ALL THE RESPONDENTS ARE R/O. VIVEK NAGAR, RAIBAG-591 317, TQ. RAIBAG, DIST. BELAGAVI. & RESPONDENTS (BY SRI. VIJAY K. NAIK, ADVOCATE FOR R1 TO R11; R7 TO R9 ARE MINORS R/BY NATURAL GUARDIAN MOTHER R6; R12 IS MINOR R/BY NATURAL GUARDIAN MOTHER R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI SET ASIDE THE ORDER DATED 01.10.2024 PASSED ON IA NO.4 IN O.S. NO.1931/2022 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, RAIBAG VIDE ANNEXURE-A, AND ETC. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. 2. Writ petition No.105106/2024 is filed assailing the order dated 22.05.2023 on I.A. No.1 in O.S. No.1931/2022 granting temporary injunction by the Trial Court in favour of the plaintiff which was confirmed by the Appellate Court in Miscellaneous Appeal No.12/2023. 3. Writ petition No.104973/2024 is filed by the plaintiffs in O.S. No.1915/2022 wherein, the plaintiff9s application seeking temporary injunction is rejected by the Trial Court and confirmed by the First Appellate Court in Miscellaneous Appeal No.13/2023. 4. Writ petition No.105932/2024 is filed challenging the order dated 01.02.2024 on I.A. No.4 in O.S. No.1931/2022 granting police protection in favour of the - 10 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 plaintiff in O.S. No.1931/2022 in whose favour there is an order of temporary injunction. 5. The suit property in O.S. No.1931/2022 is 5 acres 33 guntas of land out of 12 acres 17 guntas of land in survey No.623A of Raibag village. In addition to the aforementioned extent of land, a Well is also shown to be the suit property. 6. The suit property in O.S. No.1915/2022 is 3 acres 27 guntas of land out of 12 acres 17 guntas referred to above in survey No.623A of Raibag village. The Well is also shown to be the suit property. As already noticed, temporary injunction is granted in favour of the plaintiff in O.S. No.1931/2022 and temporary injunction is rejected in favour of plaintiff in O.S. No.1915/2022. The plaintiffs in O.S. No.1931/2022 are the defendants in O.S. No.1915/2022 and defendants in O.S. No.1931/2022 are the plaintiffs in O.S. No.1915/2022. - 11 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 7. The disputes center around the sale deed dated 10.02.1949 executed by Pushpadant Kaggudi Shetty and others in favour of Bhima Sidda Taral. The sale deed is executed in respect of 3/5th share in the aforementioned land measuring 12 acres 17 guntas. 8. Pursuant to the sale deed, the name of the purchaser is entered in the property records. Now both the suits are contested by the legal descendants of the vendor as well as the legal descendants of purchaser. 9. After going through the contents of the plaint and the contention raised, it appears that the dispute is pertaining to the Well and the surrounding area and is not in respect of entire land measuring 5 acres 33 guntas in O.S. No.1931/2022 or 3 acres 27 guntas in O.S. No.1915/2022. 10. The execution of the sale deed dated 10.02.1949 is not in dispute. There is a recital in the sale deed which - 12 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 would indicate that the vendor as well as the purchaser were conferred right to use the water from the Well. 11. Now the question is whether the Well exclusively is lying in the property of the plaintiffs in O.S. No.1931/2022 or it is lying exclusively in the land of the plaintiffs in O.S. No.1915/2022. 12. It is also brought to the notice of this Court that one more suit is filed challenging the aforementioned sale deed in O.S. No.510/2023. Thus, it appears that now a dispute is raised disputing the correctness of the sale deed. But as of now prima-facie the right to use the water is forthcoming from the aforementioned sale deed. Whether the Well belongs to the plaintiff in O.S. No.1931/2022 or plaintiffs in O.S. No.1915/2022 is a matter of trial. 13. Learned counsel for the petitioner has also made a statement before the Court under the instructions of the parties that where the sugar cane is grown is not the area in dispute. It is required to be noticed that the sale deed is - 13 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 of the year 1947 and is not challenged for more than 75 years. Thus the name of the plaintiffs in O.S. No.1931/2022 is also found in the property records. Thus, prima-facie indicates that the plaintiffs in O.S. No.1931/2022 are in possession of the 3/5th share out of 12 acres 17 guntas which comes to 5 acres 33 guntas. 14. It also appears that the plaintiffs in O.S. No.1915/2022 are also in possession of 3 acres 27 guntas out of 12 acres 17 guntas. Where exactly the Well is located, whether it is located on the boundary or located on the land of the plaintiffs in O.S. No.1931/2022 or in plaintiffs in O.S. No.1915/2022 is a matter be decided by the Trial Court after considering the evidence on record. 15. Under these circumstances, the Court is of the view that both the parties shall be entitled to use the Well water till the disposal of the suit. 16. Both the parties shall not obstruct each other in using the Well water. This observation should not be - 14 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 construed as having recorded a final finding as to the right over the Well. Whether the Well lies in the land of the petitioners of this petition or respondents of this petition is a matter to be tried by the Trial Court. 17. If there is any obstruction in use of the water, the plaintiffs in O.S. No.1931/2022 are at liberty to press for orders on I.A. No.4 dated 01.02.2024. If there is an obstruction by the plaintiff in O.S. No.1931/2022 in allowing the defendants in the said suit to use the water, then the defendants in O.S. No.1931/2022 are also permitted to file an appropriate application seeking protection. 18. A photograph pertaining to the properties produced. Same is taken on record. 19. It is noticed that a bund is found in the photograph. The bund shall not be destroyed till the disposal of the suit. - 15 - HC-KAR NC: 2025:KHC-D:17088 WP No. 105106 of 2024 C/W WP No. 104973 of 2024 WP No. 105932 of 2024 20. It is made clear that the Court has not expressed any opinion that the bund is the boundary between the property of the plaintiffs and defendants. 21. With these observations, writ petitions are disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT:BCK LIST NO.: 1 SL NO.: 43