- 1 - HC-KAR NC: 2025:KHC-D:13459 WP No. 107197 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107197 OF 2025 (GM-CPC) BETWEEN: YALLAPPA S/O HANAMAPPA HONGAL SINCE DECEASED R/BY HI LR’S (ORIGINAL PLAINTIFF NO. 1) 1. SMT. SOMAVVA W/O YALLAPPA HONGAL AGE: 73 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. PLAINTIFF NO. 1(A) 2. SMT. DHARMAVVA W/O YALLAPPA HONGAL AGE: 68 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. PLAINTIFF NO. 1(B) 3. NAGAPPA S/O YALLAPPA HONGAL AGE: 49 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. PLAINTIFF NO. 1(C) 4. SMT. RUDRAVVA W/O HANMAPPA ITTI AGE: 45 YRS; OCC: AGRICULTURE R/O: IBRAHIMPUR, TQ.ANNIGERI DIST. DHARWAD-582208. PLAINTIFF NO. 1(D) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13459 WP No. 107197 of 2025 5. UMESH S/O YALLAPPA HONGAL AGE: 42 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. PLAINTIFF NO.1(E) 6. KUMARI SHANTAVVA S/O YALLAPPA HONGAL AGE: 39 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. PLAINTIFF NO. 1(F) 7. DEVAPPA S/O YALLAPPA HONGAL AGE: 41 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. PLAINTIFF NO. 2 8. SHIVANAND S/O YALLAPPA HONGAL AGE: 40 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. PLAINITFF NO.3 9. HANAMAPPA S/O SANNAKALLAPPA AGE: 44 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. PLAINTIFF NO. 4 …PETITIONERS (BY SRI. B.V. SOMAPUR AND SMT. N.K. SOMAPUR, ADVOCATES) AND: 1. SOMAPPA S/O NAGAPPA LADDI AGE: 63 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. - 3 - HC-KAR NC: 2025:KHC-D:13459 WP No. 107197 of 2025 2. SHIVAPPA S/O NAGAPPA LADDI AGE: 72 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. 3. TOTAPPA S/O GOVINDAPPA HONGAL AGE: 78 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. 4. FAKIRAPPA S/O MALLAPPA HONGAL AGE: 40 YRS; OCC: AGRICULTURE R/O: ALAGWADI, TQ. NAVALGUND DIST. DHARWAD-582208. …RESPONDENTS (NOTICE TO RESPONDENTS ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT OF CERTIORARI QUASHING /SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, NAVALGUND IN OS NO. 260/2017 ON IA NO. 4 DATED. 17/09/2025 VIDE ANNEXURE-A, AND ALLOW THE SAID IA NO. 4 AND DELETE THE ADDITIONAL ISSUE NO. 1 DT. 21/3/2025 VIDE ANNEXURE-F AND ETC., 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 respondent is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: - 4 - HC-KAR NC: 2025:KHC-D:13459 WP No. 107197 of 2025 a. Issue Writ of Certiorari quashing /setting aside the impugned Order passed by the Learned Civil Judge and JMFC, Navalgund in OS No. 260/2017 on IA No. 4 dated 17/09/2025 vide Annexure-A, and allow the said IA No. 4 and delete the additional issue no. 1 dt. 21/3/2025 vide Annexure-F. b. Issue any other Order, Writ or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 3. The petitioner is before this Court challenging the order dated 21.03.2025, under which Additional Issue No.1 had been suo motu framed by the trial Court. 4. The contention of learned counsel for the petitioner is that, there are no pleadings for the said issue to be framed, and further, it is his contention that the Electricity Authority is not party of the suit and, as such, the said additional issue is not required to be framed. 5. Section 145 of the Electricity Act, 2003 reads as under: 45. Civil courts not to have jurisdiction.– - 5 - HC-KAR NC: 2025:KHC-D:13459 WP No. 107197 of 2025 No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in section 126 or an appellate authority referred to in section 127 or the adjudicating officer appointed under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. 6. A perusal of the same would indicate that, for any aspect relating to the electricity, the Civil Court would not have jurisdiction. It is probably for this reason that the additional issue has been framed. The framing of the additional issue does not take away any right of the petitioner. The petitioner can always lead cogent evidence to establish his right dehors Section 145 of the Electricity Act, 2003. 7. Reserving such liberty, the writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 90