- 1 - HC-KAR NC: 2025:KHC-D:10970 WP No. 103916 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 103916 OF 2021 (GM-CPC) BETWEEN: SRI. RAMU S/O. DASHARATH HARIJAN @ TALWAR, SINCE DECEASED BY HIS LRS. 1. SMT. SAVITRI W/O. RAMU HARIJAN @ TALWAR, AGED ABOUT 50 YEARS, OCC: HOUSEHOLD. 2. KUMARI NIKITA D/O. RAMU HARIJAN @ TALWAR, AGED ABOUT 27 YEARS, OCC: HOUSEHOLD. 3. KUMAR SAGAR S/O. RAMU HARIJAN @ TALWAR, AGED ABOUT 23 YEARS, OCC: AGRICULTURE, ALL ARE R/AT: KADAPATTI, TAL: JHAMKHANDI, DIST. BAGALKOTE, PETITIONERS REP. BY THEIR GPA HOLDER SRI. NEELAKANTH S/O. KAVINDRA HARIJAN @ TALAWAR, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, R/AT: KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOTE-587201. 4. KUMARI SOUMYA D/O. RAMU HARIJAN @ TALAWAR, AGED 09 YEARS, MINOR REP. PETITIONER NO.1. …PETITIONERS (BY SRI. ABHISHEK BARIGIDAD, ADV. FOR SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10970 WP No. 103916 of 2021 AND: 1. THE PANCHAYAT DEVELOPMENTAL OFFICER, SECRETARY GRAM PANCHAYAT KADAPATTI, TAL. JAMKHANDI, DIST. BAGALKOT-587103. 2. SRI. BANGARGIRI S/O. MARUTI TALAWAR, AGE: 52 YEARS, OCC: TEACHER, R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOTE-587201. 3. SHRI ONKAR @ OMKARAPPA S/O. HARICHANDRA TALAWAR, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 4. SHRI MARUTI S/O. OMKARAPPA MAHAR @ TALAWAR, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 5. SHRI MALLAPPA S/O. ARJUN TALAWAR, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 6. SHRI YALLAPPA S/O. ARJUN TALAWAR, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 7. SMT. NEELAWWA W/O. VASANT KAMBALE, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 8. SMT. CHANDRAWWA W/O. DASHARATH TALAWAR, AGE: 75 YEARS, OCC: COOLIE, - 3 - HC-KAR NC: 2025:KHC-D:10970 WP No. 103916 of 2021 R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 9. SMT. BANGAREWWA W/O. SADASHIV KAMBLE, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 10. SHRI GANGAPPA S/O. DHANAWANT TALAWAR, AGE: 44 YEARS, OCC: COOLIE, R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 11. SHRI YAMANAPPA S/O. DHANAWANT TALAWAR, AGE: 37 YEARS, OCC: SERVICE, R/O. KADAPATTI, TQ. JAMKHANDI, DIST. BAGALKOT. …RESPONDENTS (BY SRI. BHUSHAN B. KULKARNI, ADV. FOR R1; SRI. VITTHAL S. TELI, ADV. FOR R2 TO R11) 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 WRIT OR DIRECTION AND THE SET-ASIDE THE ORDER PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE BAGALKOT TO SIT AT JAMKHANDI PASSED IN R.A.NO.58 OF 2019 DATED 16/08/2021, COPY AS PER ANNEXURE-F, ON I.A.NO.V COPY AS PER ANNEXURE-D AND ALLOW THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:10970 WP No. 103916 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed seeking following reliefs: “1) Issue a writ in the nature of certiorari or any other writ or direction and the set-aside the order passed by the I Addl. District and Sessions Judge Bagalkot to sit at Jamkhandi passed in R.A.No.58 of 2019 dated 16/08/2021, copy as per Annexure-F, on I.A.No.V copy as per Annexure-D and allow the writ petition. 2) Pass such other order or orders as this Hon’ble Court deems fit in the facts and circumstances of the case.” 2. Learned counsel for petitioners submits that the suit filed by the petitioners for relief of declaration and permanent injunction was partly decreed, however, in respect of open space, suit came to be dismissed. Being aggrieved, the petitioners preferred an appeal and in the said appeal, they filed an application seeking direction to respondent No.7 to maintain status-quo ante with respect to the suit schedule property bearing VPC No.237 of Kadapatti village by removing stone at ‘DE’ portion as per the sketch appended to the decree. It is submitted that if the stones are not removed from the open space, it would affect ingress and egress of the petitioners. - 5 - HC-KAR NC: 2025:KHC-D:10970 WP No. 103916 of 2021 Hence, it is appropriate to issue necessary direction to the respondent No.7 to remove the stone slabs and provide ingress and egress. Hence, he seeks to allow the petition. 3. Per contra Sri. Vitthal S. Teli, learned counsel appearing for the respondents No.2 to 11 supports the impugned order of the appellate Court and seeks to dismiss the petition. 4. I have heard the arguments of learned counsel for the petitioners and learned counsel for the respondents and meticulously perused the material available on record. I have given my anxious consideration to the submissions advanced on both sides. 5. The pleading and material available on record indicate that the petitioner had filed O.S.No.13/2006 for a relief of declaration and permanent injunction with regard to the suit schedule property. The trial Court vide judgment and decree dated 18.01.2019 partly decreed the suit declaring that the legal heirs of the plaintiff are lawful owners of a house situated in suit schedule property within the boundaries -“CDML” as shown in the hand sketch map appended to the plaint. Further, injunction was granted restraining the defendants from interfering with the - 6 - HC-KAR NC: 2025:KHC-D:10970 WP No. 103916 of 2021 peaceful possession and enjoyment of the said property. The trial Court dismissed the suit of the petitioners insofar as the open space. Being aggrieved, the petitioners filed regular appeal in R.A.No.58/2019. In the said proceedings, he filed an application under Order XXXIX Rules 1 and 2 of Code of Civil Procedure and the said application is admittedly pending adjudication. The records indicate that without pressing the said application, the petitioners filed an application under Section 151 of the Code of Civil Procedure seeking interim relief against the respondent No.7 to maintain status-quo ante on the suit schedule property bearing VPC No.237 of Kadapatti village by removing the stones at “DE” portion. The appellate Court rejected the said application under the impugned order. The record further indicates that the suit of the petitioner with regard to the open space was dismissed and the adjudication with regard to the relief of declaration and injunction with regard to the open space is pending consideration before the appellate Court and until the petitioner is declared as owner, such an application is not maintainable. The appellate Court has also recorded the clear finding that the hand sketch clearly indicates that an alternative road is available through “JI” portion which can be conveniently - 7 - HC-KAR NC: 2025:KHC-D:10970 WP No. 103916 of 2021 used for ingress and egress to the constructed portion in the said property by the appellants. When things stood thus, the contention of the petitioners with regard to the ingress and egress has no merit and accordingly, rejected. The appellate Court taking note of the nature of relief sought in the application, recorded the finding. The said findings are neither perverse nor contrary to the material available on record calling for interference in this petition. Accordingly, writ petition is devoid of merits and the same is rejected. Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 10