- 1 - HC-KAR NC: 2025:KHC-D:17071 WP No. 107665 of 2025 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. 107665 OF 2025 (GM-CPC) BETWEEN: 1. SHRI BHARAT MADHAV DONGARE, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. MANGALWAR PETH, TILAKWADI, BELAGAVI-590 006, TQ. AND DIST. BELAGAVI. 2. SHRI. BHUSHAN MADHAV DONGARE, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. MANGALWAR PETH, TILAKWADI, BELAGAVI-590 006. & PETITIONERS (BY SRI. S.B. PATIL, ADVOCATE) AND: 1. SHRI. VENKAPPA GURULINGAPPA HITTANAGI, AGE. 63 YEARS, OCC. SERVICE, R/O. BELAGAVI, TQ. AND DIST. BELAGAVI-590 001. 2. SHRI VENKATESH LAXMAN KAVALEKAR, AGE. 53 YEARS, OCC. AGRICULTURE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17071 WP No. 107665 of 2025 R/O. NITTUR, TALUK. KHANAPUR, DIST. BELAGAVI-591 115. 3. SHRI SAHADEV K. DESAI, AGE. 58 YEARS, OCC. AGRICULTURE, R/O. NITTUR, TALUK. KHANAPUR, DIST. BELAGAVI-591 115. 4. SHRI S.M. DESAI, AGE. 60 YEARS, OCC. AGRICULTURE, R/O. NITTUR, TALUK. KHANAPUR, DIST. BELAGAVI-591 115. & RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OR ORDER OR DIRECTIONS IN THE NATURE OF WRIT OF CERTIORARI, SETTING ASIDE THE IMPUGNED ORDER DATED 23.08.2025 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, KHANAPUR IN O.S. NO.96/2012 PRODUCED AT ANNEXURE-Q DATED 23.08.2025 ACCEPTING THE COMMISSION REPORT DATED 23.08.2023 FILED BY THE COURT COMMISSIONER, SHRI I.B. LANGOTI, ADVOCATE, KHANAPUR AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17071 WP No. 107665 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners. 2. Learned counsel appearing for the petitioners seeks leave of the Court to raise the grounds relating to the inadmissibility of the Commissioner9s report in the appeal, in case the suit is decided against the plaintiffs, by invoking Section 105 of the Code of Civil Procedure, 1908. 3. Submission is placed on record. 4. The petition is dismissed as withdrawn. 5. Liberty is reserved to the petitioners to question the correctness of the Commissioner9s report under Section 105 of the Code of Civil Procedure, 1908. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 52