- 1 - HC-KAR NC: 2025:KHC-D:14562 WP No. 107135 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107135 OF 2024 (GM-CPC) BETWEEN: 1. SMT. P. LEELAVATHI W/O. PALA LAJAPAT RAI (D/O. LATE K. NAGANNA), AGED ABOUT 71 YEARS, OCC. AGRICULTURE AND HOUSE WIFE, 2. SMT. C.H. VARAMAHALAKSHMI W/O. C.H. MANOHAR RAO (D/O. PALA LAJAPAT RAI), AGED 59 YEARS, OCC. AGRICULTURE AND HOUSE WIFE, 3. SRI. P. SRINIVAS S/O. PALA LAJAPAT RAI, AGED 54 YEARS, OCC. AGRICULTURE, 4. SMT. P. INDRA W/O. P. SRINIVAS, AGED 47 YEARS, OCC. AGRICULTURE AND HOUSE WIFE, 5. SRI. P. ARAVIND S/O. P. SRINIVAS, AGED 23 YEARS, OCC. AGRICULTURE, 6. SRI. P. LENIN S/O. PALA LAJAPAT RAI, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, 7. SRI. P. VENKATA DURGAPRASAD S/O. P. LENIN, AGED ABOUT 23 YEARS, OCC. AGRICULTURE, 8. SRI. P. VENKATA BALAJI S/O. P. LENIN, AGED ABOUT 21 YEARS, OCC. AGRICULTURE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14562 WP No. 107135 of 2024 9. SRI. K. NAGESHWARA RAO, S/O. LATE K. NAGANNA, AGE. 69 YEARS, OCC. AGRICULTURE, 10. SMT. AKKARAMBA W/O. K. NAGESHWARA RAO, AGE. 66 YEARS, OCC. AGRICULTURE AND HOUSE WIFE, 11. SRI. K. NAGARJUNA S/O. K. NAGESHWARA RAO, AGE. 47 YEARS, OCC. AGRICULTURE, 12. SRI. K. VENKATADRI S/O. LATE K. NAGESHWARA RAO, AGE. 43 YEARS, OCC. AGRICULTURE, 13. SRI. K. VIJAYA BHASKARARAO S/O. LATE K. NAGANNA, AGE. 66 YEARS, OCC. AGRICULTURE, 14. SMT. K. LAKSHMI W/O. K. VIJAYA BHASKARARAO, AGE. 63 YEARS, OCC. AGRICULTURE AND HOUSE WIFE, 15. SRI. K. RAVICHANDRA @ CHANNAPPA S/O. K. VIJAYA BHASKARARAO, AGE. 43 YEARS, OCC. AGRICULTURE, 16. SRI. K. VINYA KUMAR S/O. RAVICHANDRA @ CHANNAPPA, AGE. 21 YEARS, OCC. AGRICULTURE, 17. SRI. K. ASHOK S/O. K. VIJAYA BHASKARARAO, AGE. 41 YEARS, OCC. AGRICULTURE, 18. SMT. K. SUBBAMMA W/O. LATE K. VENKATESHWARA RAO, - 3 - HC-KAR NC: 2025:KHC-D:14562 WP No. 107135 of 2024 AGE. 63 YEARS, OCC. AGRICULTURE AND HOUSE WIFE, 19. SRI. K. VISHWESHARAYYA S/O. LATE K. VENKATESHWARA RAO, AGE. 44 YEARS, OCC. AGRICULTURE, 20. SRI. K. NAGANNA S/O. VISHWESHARAYYA, AGE. 20 YEARS, OCC. AGRICULTURE, 21. SRI. K. RAJU S/O. LATE VENKATESHWARA RAO, AGE. 41 YEARS, OCC. AGRICULTURE, ALL ARE RESIDENTS OF MUSTUR-DAGGI, TQ. KARATAGI, DIST. KOPPAL-583 282. … PETITIONERS (BY SRI. S.H. MITTALKOD, ADVOCATE) AND: SRI. ESHAPPA S/O. PAMPAPATHI ANGADI, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. MUSTUR VILLAGE, TQ. KARATAGI, DIST. KOPPAL-583 282. … RESPONDENT (BY SRI. P.G. MOGALI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER DATED 23-09-2024 PASSED BY THE CIVIL JUDGE AND JMFC, KARATAGI IN O.S. NO.318/2023 AT ANNEXURE-A AND CONSEQUENTLY ALLOW I.A. NO.3. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14562 WP No. 107135 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 23.09.2024 rejecting the application in I.A.No.3 in O.S.No.318/2013 for appointment of Court Commissioner. 2. The suit is filed by the present respondent for injunction. The defendant in the said suit contends that there is a pathway in the suit property and existence of the pathway can be established only through the report of the Court Commissioner. 3. Learned counsel for the respondent would submit that the petitioners in this petition had filed a suit for declaration and injunction claiming right in the very same property and in the said suit an application was filed for appointment of a Court Commissioner. Same was rejected and later the suit was dismissed holding that the suit scheduled way is not in existence and appeal was filed against said judgment and decree. The appeal was also - 5 - HC-KAR NC: 2025:KHC-D:14562 WP No. 107135 of 2024 dismissed and Regular Second Appeal is pending before the Court. Under these circumstances, learned counsel for the respondent would submit that the application for appointment of a Court Commissioner is not maintainable as the issue relating to existence of the road is already adjudicated. 4. The fact that the suit and the first appeal are also dismissed and Regular Second Appeal is pending for consideration is not in dispute. The issue whether the pathway is in existence or not has to be now adjudicated before the pending Regular Second Appeal. Under these circumstances, the Trial Court is justified in dismissing the application for appointment of a Court Commissioner for reasons assigned by this Court. 5. If at all the Court Commissioner is to be appointed, it is for the petitioners to seek appropriate relief in the pending Regular Second Appeal. - 6 - HC-KAR NC: 2025:KHC-D:14562 WP No. 107135 of 2024 6. Under these circumstances, the petition is dismissed. 7. The dismissal of the petition should not come in the way of petitioners seeking appropriate relief in the pending Regular Second Appeal. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 32