- 1 - HC-KAR NC: 2025:KHC-D:18083-DB WA No. 100148 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100148 OF 2025 (KLR-RES) BETWEEN: SHRI GOPAL S/O. TIPPANNA KILABNUR AGE: 53 YEARS, OCC: AGRICULTURE, R/O. HOSAKOTE VILLAGE, TQ. MUDHOL DIST. BAGALKOT-587121. …APPELLANT (BY SRI ROHAN GAVALI, ADVOCATE FOR SRI JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-01, R/BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, BAGALKOT, DIST. BAGALKOT-587101. 3. THE TAHSILDAR MUDHOL, TAL. MUDHOL, DIST. MUDHOL-587313. 4. SHRI GOVINDAPPA S/O. VENKAPPA GALAGALI AGE: 57 YEARS, OCC: AGRICULTURE, Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 10:06:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18083-DB WA No. 100148 of 2025 R/O. KANASAGERI VILLAGE, TAL. MUDHOL, DIST. BAGALKOT 587122. 5. SHRI ARJUN S/O. TAMANAPPA KURI @ HADIMANI AGE: 55 YEARS, OCC: AGRICULTURE, R/O. KANASAGERI VILLAGE, TAL. MUDHOL DIST. BAGALKOT-587122. …RESPONDENTS (BY SMT. KIRTHI LATHA PATIL, HCGP FOR R1 TO R3; SRI KUSHAL N. KAMBLE, ADVOCATE FOR R4; NOTICE SERVED TO R5) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 23/07/2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE HIGH COURT IN W.P.102261/2024 (KLR-RES) WITH RESPECT TO THE APPELLANT. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:18083-DB WA No. 100148 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard Sri.Rohan Gavali, counsel for Sri.Jagadish Patil, learned counsel for appellant and learned HCGP Smt.Kirthi Latha Patil, for respondent Nos.1 to 3 and Sri.Kushal N.Kamble, learned counsel for the respondent No.4. 2. The dispute among the petitioner-appellant and respondent Nos.4 and 5 relates to the cart road and in that respect, OS No.28/2019 initiated by the respondent No.4 is pending for consideration before the Civil Court. Whether there exists a cart road or pathway in the land in question and whether the petitioner and other villagers could use or were using the same is a factual question and the same shall have to be decided in the suit already instituted by the respondent No.4. 3. In the above circumstances, we do not find any error or illegality in the order passed by the learned single Judge. - 4 - HC-KAR NC: 2025:KHC-D:18083-DB WA No. 100148 of 2025 4. There is no merit in the writ appeal. Accordingly the writ appeal, as well as IA for condonation of delay in filing the appeal stands dismissed by keeping open all contentions of the parties and reserving liberty to the petitioner to agitate his right in pending OS No.28/2019. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB Ct-cmu LIST NO.: 1 SL NO.: 36