- 1 - HC-KAR NC: 2025:KHC-D:14904 WP No. 108110 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108110 OF 2025 (GM-CPC) BETWEEN: KUMARI. LEKHA D/O NANDKUMAR NAIDU, AGE. 35 YEARS, OCC. PRIVATE SERVICE, R/O. C/O NANDAKUMAR DAMODAR NAIDU, ‘MANJUNATH NILAY’, SAINAGAR, UNKAL, HUBBALLI, TQ. HUBBALLI-580 031, DIST. DHARWAD, THROUGH HER GPA HOLDER, SHRI NANDAKUMAR S/O DAMODAR NAIDU, AGE. 70 YEARS, OCC. BUSINESS, R/O. ‘MANJUNATH NILAY’, SAINAGAR, UNKAL, HUBBALLI, TQ. HUBBALLI-580 031, DIST. DHARWAD. … PETITIONER (BY SRI. VINAY S. KOUJALAGI, ADVOCATE) AND: SMT. MANGALA W/O KALLANAGOUDA KABBUR, AGE. 58 YEARS, OCC. HOUSEHOLD WORK, R/O. NO.31/12A, PARASWADI, 2ND STAGE, KESHWAPUR, HUBBALLI, THROUGH HER P.A. HOLDER, SHRI KALLANAGOUDA S/O SHANKARGOUDA KABBUR, R/O. NO.31/12A, PARASWADI, 2ND STAGE, KESHWAPUR, HUBBALLI-580 023. … RESPONDENT 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 OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 18.10.2025 PASSED BY I ADDL. CIVIL JUDGE AND JMFC, HUBBALLI IN O.S. NO.154/2013 Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14904 WP No. 108110 of 2025 PRODUCED AT ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY. 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) 1. This petition is filed assailing the order allowing the application for appointment of a Survey Commissioner to survey the suit property, wherein, the plaintiff alleges that the defendant has encroached upon a portion of the suit property belonging to the plaintiff. The plaintiff's claim is based on the survey report, which is said to have been prepared by the Officer from the Survey Department. 2. The defendant/petitioner has objected to the said survey on the premise that she was not present and was not issued notice before conducting survey. Under these circumstances, the plaintiff moved an - 3 - HC-KAR NC: 2025:KHC-D:14904 WP No. 108110 of 2025 application for appointment of a Court Commissioner to ascertain the encroachment. 3. Learned counsel for the petitioner would submit that if the application is allowed, the same amounts to collection of evidence. 4. This Court is of the view that in a case like this, the report of the Commissioner after proper measurement of the property and if proved, would be the best piece of evidence. This Court does not find any reason to interfere with the said order. 5. The writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/-. CT:BCK LIST NO.: 1 SL NO.: 16