- 1 - HC-KAR NC: 2025:KHC:50500 WP No. 7037 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7037 OF 2023 (GM-CPC) BETWEEN: BARIMARU VILLAGE PANCHAYATH REP BY ITS PANCHAYATH DEVELOPMENT OFFICER, BARIMARU VILLAGE BANTWAL TALUK D K DISTRICT 574211. …PETITIONER (BY SRI RAJASHEKAR S, ADV.) AND: 1. SRI. RAMA MOOLYA S/O SOMAYYA MOOLYA AGED ABOUT 72 YEARS R/AT # 2-16 NEAR BARIMARU SCHOOL KAGEKANA POST BARIMARU VILLAGE BANTWAL TALUK D K DISTRICT 574211. 2. TALUK PANCHAYATH BANTWAL REP BY ITS TALUK EXECUTIVE OFFICER JODUMARGA POST BANTWAL TALUK D K DISTRICT 574211. 3. ZILLA PANCHAYATH MANGALURU REP BY CHIEF EXECUTIVE OFFICER Z P OFFICE MANGALURU D K DISTRICT 575006. …RESPONDENTS (BY SRI RAVISHANKAR SHASTRY G, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50500 WP No. 7037 of 2023 DATED 18.01.2023 PASSED ON IA NO. II IN OS NO. 25/2023 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, BANTWAL VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant no.1 is before this Court in this writ petition filed under Article 227 of the Constitution with a prayer to set aside the order dated 18.01.2023 passed on I.A.No.II in O.S.No.25 of 2023 by the Court of Principal Civil Judge and JMFC, Bantwal vide Annexure-A. 2. Heard the learned counsel appearing for the parties. 3. Suit in O.S.No.25 of 2023 is filed by respondent no.1 herein before the jurisdictional civil Court, Bantwal seeking the relief of mandatory injunction directing the defendants to handover the vacant possession of plaint 'B' schedule land to the plaintiff by demolishing the two buildings existing in the plaint 'B' schedule land and a consequential relief of permanent prohibitory injunction was also sought in the suit. In the said suit, I.A.No.II was filed on behalf of the plaintiff under Order - 3 - HC-KAR NC: 2025:KHC:50500 WP No. 7037 of 2023 XXVI Rule 9 of CPC, which was allowed by the trial Court by the impugned order. Being aggrieved by the same, defendant no.1 is before this Court. 4. Perusal of the material on record would go to show that along with the plaint in O.S.No.25 of 2023, I.A.Nos.I and II were also filed by the plaintiff. I.A.No.I was filed under Section 151 of CPC praying that the plaint, may kindly be received out of the order and I.A.No.II was filed under Order XXVI Rule 9 of CPC to appoint a Court Commissioner attached to ADLR to conduct local investigation of plaint schedule property. The trial Court has allowed I.A.No.II without even hearing the defendants in the suit. Suit summons was issued by the trial Court on the day which it has allowed I.A.No.II. According to the plaintiff, the defendants have encroached the plaint 'A' schedule property and have constructed two buildings in his 'varga' land and therefore a prayer is made to direct the defendants to handover the plaint 'B' schedule property and to demolish the two buildings existing in the 'B' schedule property which appears to be the part and parcel of suit Schedule 'A' property. - 4 - HC-KAR NC: 2025:KHC:50500 WP No. 7037 of 2023 5. It is relevant to note here that no application was filed on behalf of the plaintiff seeking any interim order protecting his right in suit schedule 'A' and 'B' property. Therefore, the trial Court was not justified in allowing I.A.No.II, even without hearing the defendants who have right to oppose the prayer made in I.A.No.II. The order impugned therefore is required to be set aside on the short point that the same has been passed without even hearing the defendants, when there was no such urgency made out by the plaintiff. 6. Accordingly, the following:- ORDER (i) Writ petition is allowed. (ii) The impugned order dated 18.01.2023 passed on I.A.No.II in O.S.No.25 of 2023 by the Court of Principal Civil Judge and JMFC, Bantwal vide Annexure-A is set aside. (iii) The trial court to consider I.A.No.II afresh, after hearing all the parties who are represented in O.S.No.25 of 2023 and pass fresh orders on the application as expeditiously as possible but not later than the period of two months from the date of - 5 - HC-KAR NC: 2025:KHC:50500 WP No. 7037 of 2023 receipt of copy of this order without being influenced by the observations made by this Court in this petition. Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 58