- 1 - HC-KAR NC: 2025:KHC-D:14244 WP No. 101817 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101817 OF 2025 (GM-CPC) BETWEEN: SRI. CHENNABASAPPA S/O. GALAPPA SUNKAD, AGED ABOUT 56 YEARS, OCC: AGRICULTURIST, R/O. GURANALLI VILLAGE, KUNDGOL TQ-581113, DHARWAD-DIST. …PETITIONER (BY SRI. H.R.GUNDAPPA, ADVOCATE) AND: 1. SMT. RENUKA W/O. BASAVARAJ MARADAGI, AGED ABOUT 41 YEARS, OCC: HOUSEHOLD WORK, R/O. UNKAL, HUBBALLI, HUBBALLI-TQ 580031, DHARWAD DIST. 2. VEERAPPA S/O. CHENNAVEERAPPA VITHALPUR, AGED ABOUT 54 YEARS, OCC: AGRICULTURIST, R/O. HIREBHUDIHAL, INGALAGI, POST. KUNDGOL TQ-581212, DHARWAD DIST. …RESPONDENTS (BY SRI. VINAYKUMAR M.SHETTY, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14244 WP No. 101817 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF THE COURT BELOW AND TO ISSUE WRIT IN THE NATURE OF CERTIORARY OR OTHER APPROPRIATE ORDER OR DIRECTIONS TO QUASH THE IMPUGNED ORDER DATED 24.01.2025, PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE COURT, AT HUBBALLI, IN O.S.NO.487/2024, ON I.A.NO.2, FILED BY PETITIONER/ DEFENDANT NO.2, UNDER ORDER 7 RULE 11(a) (d) R/W RULE 10(1)(c) R/W ORDER 2 RULE 2 OF THE CODE OF CIVIL PROCEDURE, VIDE ANNEXURE-G AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Petition is filed assailing the order rejecting the petitioner's application under Order VII Rule 11(a) and (d) of Code of Civil Procedure and also under Order VII Rule 10 (1)(c) read with Order II Rule 2 of CPC. 2. The learned counsel for the petitioner would submit that the petitioner does not press his application under Order VII Rule 11 of CPC and he would only confine his submission to the application under Order VII Rule 10 (1)(c) read with Order II Rule 2 of the CPC. - 3 - HC-KAR NC: 2025:KHC-D:14244 WP No. 101817 of 2025 3. It is noticed from the plaint that the suit schedule properties are located in two different places, one at Unkal village, Hubballi Taluk and others at Ramapur village and Hirebudhihal village Kundagol Taluk. The suit is filed before the Court at Hubballi. The petitioner filed application on the premise that the case has to be transferred to the Court at Kundagol and the plaint has to be returned. 4. Learned counsel for petitioner would submit that Section 18 of the Code of Civil Procedure mandates an application to be filed by the plaintiff seeking leave to file a suit before a particular Court, if the suit properties are located within the jurisdiction of two or more Courts. 5. This Court does not agree with the said submission. The reason is Section 18 of Code of Civil Procedure would come into operation only in case if there is any uncertainty as to the territorial jurisdiction of the Court. 6. The territorial jurisdiction of the Court at Hubballi and territorial jurisdiction of the Court at Kundagol is very - 4 - HC-KAR NC: 2025:KHC-D:14244 WP No. 101817 of 2025 much apparent from the fact that the properties are located in Unkal village, Hubballi as well as in Ramapur village, Hirebudhihal village, Kundagol Taluk. 7. This being the position, under Section 17, the plaintiff has the option of filing the suit in either Court at Hubballi or Court at Kundagol. Since there is no uncertainty, Section 18 of CPC would not come into picture. 8. The Trial Court is justified in rejecting the applications. Hence, the petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA Ct:vh List No.: 1 Sl No.: 53