- 1 - NC: 2025:KHC-D:3544 WP No. 104979 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104979 OF 2023 (GM-CPC) BETWEEN: 1. MALLAPPA S/O CHANNABASAPPA MULLAL AGE 57 YEARS, OCC. AGRICULTURE 2. ANDANAPPA S/O CHANNABASAPPA MULLAL AGE 55 YEARS, OCC. AGRICULTURE 3. ISHWARAPPA S/O CHANNABASAPPA MULLAL AGE 53 YEARS, OCC. AGRICULTURE ALL ARE R/O USAGINAGATTI ONI, BETAGERI-GADAG 582101 …PETITIONERS (BY SRI. DINESH M KULKARNI, ADVOCATE) AND: BASAVARAJ S/O GURULINGAPPA MALEKOPPA AGE 57 YEARS, OCC. AGRICUTLURE R/O GARIGIPETH, BETAGERI-GADAG 582101 …RESPONDENT (BY SRI. M.M. PATIL., ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:12:51 +0530 - 2 - NC: 2025:KHC-D:3544 WP No. 104979 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED. 09/03/2022 IN O.S. NO. 36/2022 PASSED BY IV ADDL. CIVIL JUDGE AND JMFC II AT GADAG, VIDE ANNEXURE-D AND OF THE ORDER DATED. 04/02/2023 PASSED IN MA. NO. 5/2022 BY PRL. SENIOR CIVIL JUDGE AND CJM, GADAG VIDE ANNEXURE-E, AS NULL AND VOID AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari by quashing the order dated 09.03.2022 in O.S.No.36/2022 passed by IV Addl. Civil Judge and JMFC-II at Gadag, vide Annexure-D and of the order dated 04.02.2023 passed in M.A.No.5/2022 by Prl. Senior Civil Judge & CJM, Gadag vide Annexure-E, as null and void; ii. Issue any other writ or direction/writ as this Hon’ble Court may deem fit in the interest of justice and equity. 2. The respondent filed a suit in O.S.No.36/2022 for declaration and mandatory injunction and consequential reliefs as regards the construction being put up by the defendants therein who are the - 3 - NC: 2025:KHC-D:3544 WP No. 104979 of 2023 petitioners herein alleging that the petitioners are putting up construction without leaving setbacks and that windows and doors have been put up facing the property of the plaintiff. The trial Court, vide its order dated 9-3-2022 allowed the interlocutory application in I.A.No.1 filed in the said suit injuncting the defendants from going on with the construction. An appeal filed by the defendants in M.A.No.5/2022 came to be dismissed on 4-2-2023 by the Principal Senior Civil Judge and CJM, Gadag. It is challenging the said order that the petitioners are before this Court. 3. Shri Dinesh Kulkarni, learned counsel for the petitioners would submit that the petitioners are putting up construction in accordance with law and if permitted to put up the construction, they would not claim any equity and if any order is passed against the petitioners, they would demolish the construction put up without claiming any equities. - 4 - NC: 2025:KHC-D:3544 WP No. 104979 of 2023 4. The main grievance of the plaintiff appears to be the windows which are being put up facing the property of the plaintiff. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. ii) The order dated 9-3-2022 in OS No.36/2022 passed by the 4th Additional Civil Judge and JMFC, Gadag is modified by permitting the petitioners to put up construction subject to the petitioners not claiming any equities and subject to the petitioners not putting up any windows or doors facing the property of the plaintiff. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 47