- 1 - HC-KAR NC: 2025:KHC-D:15947 WP No. 106144 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106144 OF 2025 (GM-CPC) BETWEEN: 1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, UTTAR KANNADA, KARWAR-581 301. 2. SUPERINTENDENT OF POLICE, UTTAR KANNADA, KARWAR-581 301. 3. ASSISTANT COMMISSIONER, KARWAR SUB-DIVISION, KARWAR-581 301. 4. PUBLIC WORKS DEPARTMENT, REPRESENTED BY EXECUTIVE ENGINEER, KARWAR DIVISION, PUBLIC WORKS DEPARTMENT, KARWAR-581 301. 5. TAHASILDAR, KARWAR TALUKA, KARWAR-581 301. 6. ASSISTANT DIRECTOR, LAND RECORDS, KARWAR-581 301. … PETITIONERS (BY SRI. PRAVEEN K. UPPAR, AGA) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:29 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15947 WP No. 106144 of 2025 AND: 1. UFM, SMT. RAMABAI KOM KOYAR, SINCE DECEASED BY HER LR’S., SRI. MAHESHWAR S/O KOYAR KALGUTKAR, AGE. 59 YEARS, OCC. PETTY SHOP OWNER, 2. SMT. SHAKUNTALA D/O KOYAR KALGUTKAR, AGE. 54 YEARS, OCC. HOUSEHOLD, 3. SMT. MAHANANDA D/O KOYAR KALGUTKAR, AGE. 52 YEARS, OCC. HOUSEHOLD, ALL ARE R/O. MADHEWADA, KADIBAG, KARWAR-581 301. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 13.02.2025 PASSED IN E.P. NO.26/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, KARWAR VIDE ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed against the order dated 13.02.2025 in E.P.No.26/2017 on the file of Senior Civil Judge, Karwar, rejecting the application of the Judgment Debtor, who moved an application to implead City Municipal Council, Karwar as a party - 3 - HC-KAR NC: 2025:KHC-D:15947 WP No. 106144 of 2025 to the proceeding. The Trial Court rejected the application on two grounds. (a) Decree is not passed against the City Municipal Council, Karwar. (b) Earlier the Judgment Debtor/petitioners had filed similar application to implead City Municipal Council, Karwar as a party and same was withdrawn. 2. The Court has considered the contentions raised by the learned Government Advocate who would submit that the property in question is being used by the City Municipal Council, Karwar. 3. The Court is of the view that merely because the property is said to be in possession (according to the Judgment Debtor) of City Municipal Council, Karwar, the liability to pay the amount as per the decree is not on City Municipality, Karwar unless City Municipal Council, Karwar is a party to the decree. 4. In the decree passed by the Trial Court in OS. No.34/2013, the Government of Karnataka is a party and is - 4 - HC-KAR NC: 2025:KHC-D:15947 WP No. 106144 of 2025 represented by (i) Deputy Commissioner Karwar, (ii) Superintendent of Police, Karwar, (iii) Assistant Commissioner, Karwar, (iv) Public Works Department, Karwar, (v) Tahsildar, Karwar and (vi) Assistant Director of Land Records, Karwar. No other party is the Judgment Debtor. 5. Under these circumstances, there is no merit in the Writ Petition. 6. Accordingly, the Writ Petition dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT:BCK LIST NO.: 1 SL NO.: 24