- 1 - HC-KAR NC: 2025:KHC-D:17388 WP No. 109043 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109043 OF 2025 (GM-CPC) BETWEEN: 1. SHRI RAJU S/O YALLAPPA HANJAGI, AGE. 52 YEARS, OCC. AUTO DRIVER, R/O. GIRINI CHAWL KARWAR ROAD, HUBBALLI-580 029. 2. SHRI SAGAR S/O YALLAPPA HANJAGI, AGE. 32 YEARS, OCC. NIL, R/O. GIRINI CHAWL, KARWAR ROAD, HUBBALLI-580 029. … PETITIONERS (BY SRI. ROHIT S. PATIL, ADVOCATE) AND: 1. SHRI RAVEENDRA S/O BHIMAPPA HANKAGI, AGE. 66 YEARS, OCC. BUSINESS, R/O. ARVIND NAGAR, MTS JANATA HOUSE, HUBBALLI-580 024. 2. SMT. MANJULA D/O PARUSHURAM HANJAGI, AGE. 34 YEARS, OCC. HOUSEHOLD, R/O. LIDKER COLONY, INDUSTRIAL AREA, HUBBALLI-580 030. 3. KUMARI UMA D/O PARUSHURAM HANJAGI, AGE. 32 YEARS, OCC. HOUSEHOLD, R/O. LIDKER COLONY, INDUSTRIAL AREA, HUBBALLI-580 030. 4. KUMARI SUGANDHA D/O PARUSHURAM HANJAGI, AGE. 30 YEARS, OCC. HOUSEHOLD, R/O. LIDKER COLONY, INDUSTRIAL AREA, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17388 WP No. 109043 of 2025 HUBBALLI-580 030. 5. KUMAR GANESH S/O PARUSHURAM HANJAGI, AGE. 28 YEARS, OCC. HOUSEHOLD, R/O. LIDKER COLONY, INDUSTRIAL AREA, HUBBALLI-580 030. SMT. SAKKU @ SHANKUNTALA W/O JAHARSINGH PANJABI, SINCE DECEASED BY HER LR’S., 6. SHRI BASAVARAJ S/O BHIMAPPA HANJAGI, AGE. 52 YEARS, OCC. BUSINESS, R/O. RAYBAG, DIST. BELAGAVI-591 317. 7. LAXMIBAI W/O YALLAPPA HANJAGI, AGE. 64 YEARS, OCC. HOUSEHOLD WORK, R/O. GIRINI CHAWL, KARWAR ROAD, HUBBALLI-580 029. 8. SHRI CHETAN S/O NAGRAJ SANKEN, AGE. 27 YEARS, OCC. STUDENT, R/O. GIRINI CHAWL, KARWAR ROAD, HUBBALLI-580 029. 9. SHRI VIJAY S/O YALLAPPA HANJAGI, AGE. 45 YEARS, OCC. NIL, R/O. GIRINI CHAWL, KARWAR ROAD, HUBBALLI-580 029. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI MAY BE ISSUED TO QUASH THE INTERIM ORDER PASSED ON IA NO.01/2024 DATED 11.09.2025 IN FDP NO.85/2016 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI VIDE ANNEXURE-D IN THE ENDS OF JUSTICE AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17388 WP No. 109043 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed challenging the order dated 11.09.2025 on I.A.No.1/2024 in FDP No.85/2016 on the file of Principal Senior Civil Judge, Hubballi, dismissing the application, rejecting appointment of Court Commissioner. 2. The learned counsel for the petitioners would submit that the application is filed as the earlier report is incorrect. 3. If the earlier report is incorrect, the procedure contemplated is to question the said report by filing objection to the said report. That exercise is not carried out by the petitioners. 4. Under these circumstances, the Court does not find any merit in the petition. Accordingly, following: ORDER i. Petition is dismissed. ii. However, the petitioners’ right to file objection to the Commissioner's report and to assail the - 4 - HC-KAR NC: 2025:KHC-D:17388 WP No. 109043 of 2025 correctness of the said report is not taken away. iii. If such an objection is filed, same shall be considered in accordance with law. iv. It is made clear that this Court has not expressed anything on the correctness or otherwise of the report filed earlier. v. Since this order is passed without issuing notice to the respondents, respondents if aggrieved by any of the observations in this order are at liberty to move this Court seeking clarification and modification of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 31