- 1 - HC-KAR NC: 2025:KHC-D:12724 WP No. 103874 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 103874 OF 2022 (GM-CPC) BETWEEN: SHANKAR S/O. SIDDAPPA HADAKAR, AGED ABOUT 56 YEARS, R/O. HARUGERI, RAIBAG TALUK, BELAGAVI DISTRICT-591220. …PETITIONER (BY SMT. V. VIDYA, AND SRI. K. RAGHAVENDRA RAO, ADVOCATES) AND: THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL (TMC), HARUGERI, RAIBAG TALUK, BELAGAVI DISTRICT-591220. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDERS PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AT RAIBAG IN O.S.NO.694/2021 ON I.A.NO.2 DATED 08.07.2022 FOUND AT ANNEXURE-E AND THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT RAIBAG IN M.A. NO.24/2022 DATED 23.08.2022 FOUND AT ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12724 WP No. 103874 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed seeking following reliefs: “Wherefore, it is most respectfully prayed that this Hon’ble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned orders passed by the learned Additional Civil Judge at Raibag in O.S.No.694/2021 on I.A.No.2 dated 08.07.2022 found at Annexure-E and the learned Senior Civil Judge and JMFC at Raibag in M.A.No.24/2022 dated 23.08.2022 found at Annexure-F and grant such other reliefs as this Hon’ble Court deems fit to grant and allow this writ petition with costs, in the interest of justice and equity.” 2. Smt.V.Vidya, learned counsel appearing for the petitioner submits that the petitioner has filed a suit for perpetual injunction against the Town Municipal Council, Harugeri, contending that the defendant is putting up the wall in the suit schedule property by encroaching the same. It is submitted that the petitioner filed an application seeking temporary injunction which came to be rejected by the trial Court and which has been confirmed by the Appellate Court by incorrectly recording the finding. It is further submitted that the defendant also admits that the suit schedule property is granted - 3 - HC-KAR NC: 2025:KHC-D:12724 WP No. 103874 of 2022 to the petitioner. However, it records the finding that the identification of the property is in dispute. She fairly submits that now the suit is for recording the evidence, the parties may be directed to maintain status quo till the disposal of the suit by disposing of the writ petition. 3. Though the notice is served on the respondent, there is no representation. 4. I have heard the arguments of the learned counsel for the petitioner and perused the material available on record. 5. The petitioner filed O.S.No.694/2021 against the respondent for relief of perpetual injunction mainly on the premise that the suit schedule property is a property granted to the plaintiff and the plaintiff is in possession of the same and the defendant in the guise of putting up the wall has encroached the suit schedule property. The trial Court considering the documents and material on record has recorded the finding at paragraph Nos.21 to 23 that the identification of the property situated in Sy.No.2/2 is required to be ascertained and refused the injunction. The authority himself is admitting the grant. I am - 4 - HC-KAR NC: 2025:KHC-D:12724 WP No. 103874 of 2022 of the considered view that, at this stage recording any finding with regard to the title or possession would affect the adjudication of the suit pending before the trial Court. Hence, the interest of justice would be met if the parties are directed to maintain status quo till the disposal of the suit. Hence, I proceed to pass the following: ORDER The writ petition is disposed of directing the plaintiff and defendant to maintain status quo with regard to the suit schedule property till the disposal of the suit. Sd/- (VIJAYKUMAR A.PATIL) JUDGE ABK /CT-AN List No.: 1 Sl No.: 3