- 1 - HC-KAR NC: 2025:KHC-D:16767 WP No. 105352 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105352 OF 2022 (GM-CPC) BETWEEN: 1. SMT. LAXMIBAI W/O. ANNAGOUDA PATIL AGED ABOUT 72 YEARS, OCC: HOUSEHOLD WORK, NOT CLAIMING SR. CITIZEN BENEFIT. 2. SRI. DHULAGOUDA S/O. ANNAGOUDA PATIL AGED ABOUT 55 YEARS, OCC: AGRICULTURE, 3. SRI. RAJAGOUDA S/O. ANNAGOUDA PATIL AGED ABOUT 51 YEARS, OCC: AGRICULTURE, NO. 1 TO 3 R/O. BORAGAON VILLAGE, TQ: NIPANI, DIST: BELAGAVI. 4. SMT. VASANTI W/O. VIJAY JOKE AGED BOUT 43 YEARS, OCC: AGRICULTURE, R/O. ASHTA VILLAGE, TQ: WALWA, DIST: SANGALI. 5. SMT. SHOBHA W/O. KRUSHNATH KAVARE AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O. WALWA KHURD, TQ: KAGAL, DIST: KOLHAPUR. …PETITIONERS (BY SRI. RAMACHANDRA A.MALI, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16767 WP No. 105352 of 2022 AND: 1. SRI. JAMBUDHANAPAL BANKAPURE AGED MAJOR, OCC. AGRICULTURE, R/O. BORGAON, TQ: CHIKODI, DIST: BELAGAVI-590001. 2. SRI. SIDDAGOUDA DEVAGOUDA PATIL AGED MAJOR, OCC: AGRICULTURE, 3. SRI. BHUJAGOUDA DEVAGOUDA PATIL AGED MAJOR, OCC. AGRICULTURE, BOTH R/O. BORGAON, TAL: CHIKODI, DIST: BELAGAVI-590001. …RESPONDENTS (BY SRI. SHARAD V.MAGADUM, ADVOCATE FOR R1; NOTICE TO R2 AND R3 IS DEFERRED FOR TIME BEING AS PER ORDER DATED 30.11.2022) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN OS. NO.16/2015 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC CHIKODI, AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE QUASHING THE ORDER DATED 12-10-2022 MADE ON ADDITIONAL ISSUE NO. I, IN O.S. NO.16/2015 PASSED BY THE PRL. CIVIL JUDGE AND JMFC CHIKODI PRODUCED AT ANNEXURE-G AS THE SAME BEING ARBITRARY, ERRONEOUS AND ILLEGAL AND NOT SUSTAINABLE IN LAW IN THE INTEREST OF THE JUSTICE AND EQUITY AND CONSEQUENTLY DISMISS THE SUIT IN O.S. NO.16/2015 ON THE FILE OR PRL. CIVIL JUDGE AND JMFC CHIKODI AS BEING HIT BY PRINCIPLES OF RES JUDICATA IN THE INTEREST OF THE JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16767 WP No. 105352 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for respondent No.1. 2. This petition is filed assailing the order dated 12.10.2022 rejecting the petitioners/defendants’ contention relating to in O.S.No.16/2015 on the file of Principal Civil Judge, Chikodi. 3. The petitioners contend that, earlier the petitioners’ father had filed a suit in O.S.No.26/1995 against some of the respondents and thereafter one more suit was filed in O.S.No.306/2009 claiming right of way in the suit property. Both the suits have been decreed and it has attained finality. 4. Learned counsel for the petitioners submits that the plaintiffs in the said suit claimed easement in the property of the defendants. Now the defendants have filed a suit seeking relief of injunction in respect to the same property contending that even the plaintiffs/respondents have right to use the same pathway which is admittedly in the property of the petitioners/defendants. - 4 - HC-KAR NC: 2025:KHC-D:16767 WP No. 105352 of 2022 5. The contention relating to res-judicata is not accepted by the Trial Court on the premise that in the earlier suit, the plaintiffs’ right to use the suit pathways was declared and the defendants’ right to use the suit pathways was not declared. Whether the plaintiffs have right to use the pathway is to be adjudicated in the present suit as the plaintiffs’ right to use the pathway is not yet adjudicated. Hence, the Trial Court is justified in holding the said issue against the defendants and in favour of the plaintiffs. 6. Hence, the following: ORDER i. Writ petition is dismissed. ii. It is made clear that the Court has not expressed anything on the merits of the matter. iii. It is also made clear that the decree granted in favour of the petitioners’ father is not diluted by this order. - 5 - HC-KAR NC: 2025:KHC-D:16767 WP No. 105352 of 2022 iv. The Trial Court shall consider the case of the plaintiffs on considering the materials on record and pass appropriate orders. v. The contentions of the parties other than the res-judicata is kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:vh List No.: 2 Sl No.: 30