- 1 - HC-KAR NC: 2025:KHC-D:13493 WP No. 107161 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107161 OF 2025 (GM-CPC) BETWEEN: IRAPPA S/O ULAVAPPA MUDAKANNAVAR AGE. 44 YEARS, OCC. AGRICULTURE, R/AT. DYMAVVANA GUDI ONI, YERIKOPPA, TQ. DHARWAD, KARNATAKA-580114. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: 1. BASAPPA S/O BAYAPPA NARENDRA AGE. 69 YEARS, OCC. AGRICULTURE, R/AT. YERIKOPPA, TQ. DHARWAD, KARNATAKA-580114. 2. MANJULA D/O. BASAPPA NARENDRA, AGE. 35 YEARS, OCC. HOUSEWIFE, R/AT. YERIKOPPA, TQ. DHARWAD, KARNATAKA-580114. 3. BASAVARAJ S/O. BASAPPA NARENDRA, AGE. 33 YEARS, OCC. AGRICULTURE, R/AT. YERIKOPPA, TQ. DHARWAD, KARNATAKA-580114. …RESPONDENTS (NOTICE TO RESPONDENT IS DISPENSED WITH) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13493 WP No. 107161 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) SET- ASIDE THE IMPUGNED ORDER DATED 06/09/2025 AS PASSED BY THE HON’BLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT DHARWAD ON I.A. NO.5 AS FILED BY THE DEFENDANT/ PETITIONER IN O.S. NO.406/2023 I.E. ANNEXURE -E AND CONSEQUENTLY ALLOW THE SAME, IN THE INTEREST OF JUSTICE AND EQUITY, AND B) ISSUE SUCH OTHER SUITABLE ORDERS OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents are dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a) Set-aside the impugned order dated 06/09/2025 as passed by the Hon’ble II Additional Senior Civil Judge and JMFC, at Dharwad on I.A. No.5 as filed by the defendant/ petitioner in O.S. No.406/2023 i.e. Annexure-E and consequently allow the same, in the interest of justice and equity, and b) Issue such other suitable orders or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:13493 WP No. 107161 of 2025 3. The petitioner is before this Court seeking to challenge the order dated 06.09.2025, on I.A. No.5, in O.S. No.406/2023 by the II Additional Senior Civil Judge and JMFC, Dharwad. The said application sought a direction to the Tahsildar to produce the legal heir certificate. 4. Learned counsel for the petitioner submits that petitioner had already submitted an application before the Tahsildar seeking the legal heir certificate. However, by an endorsement dated 19.10.2024, the Tahsildar sought additional time. As the certificate was not issued, the petitioner filed an application under Order XVI Rule 6 of the Civil Procedure Code. 5. This Court is of the opinion that, in the event of non- issuance of the certificate by the concerned authority, the proper course available to the petitioner was to pursue appropriate legal remedies against administrative inaction, rather than filing an - 4 - HC-KAR NC: 2025:KHC-D:13493 WP No. 107161 of 2025 application before the civil court. Accordingly, this Court finds no grounds to entertain the present petition. However, in the interest of justice, the Jurisdictional Tahsildar is directed to issue *the documents relied upon while issuing. the legal heir certificate sought by the petitioner in his application dated 21.09.2024, within 15 days from the date of receipt of a certified copy of this order. The Trial Court is requested to adjourn the proceedings in O.S.No.406/2023 till the said certificate is produced. 6. Accordingly, the writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT: UMD List No.: 1 Sl No.: 18 *Corrected vide Court Order dated 19.01.2026