- 1 - HC-KAR NC: 2025:KHC-D:9565 WP No. 105292 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105292 OF 2025 (GM-CPC) BETWEEN: THE COMMISSIONER, CITY MUNICIPAL CORPORATION RANEBENNURU, HAVERI. …PETITIONER (BY SRI. PRASHANT S.HOSAMANI, ADVOCATE) AND: BASAVARAJ S/O. GANESHAPPA HAMMAGI, AGE. 42 YEARS, OCC. COOLI, R/O. MARUTI NAGAR, 1ST MAIN ROAD, 4TH CROSS, RANEBENNUR, DIST. HAVERI-581115. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH V/O. DATED 01.08.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI AND SET ASIDE THE SHOW CAUSE NOTICE DATED 26-07-2025 ISSUED BY ADDL. CIVIL JUDGE AND II JMFC, RANEBENNUR IN OS NO.383/2023 PRODUCED AT ANNEXURE-G IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9565 WP No. 105292 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: i) Issue a writ in the nature of certiorari and set aside the show cause notice dated 26-07-2025 issued by addl. civil judge and ii jmfc, ranebennur in os no.383/2023 produced at annexure-g in the interest of justice and equity. ii) Issue any other writ or directions which this hon’ble court may deem fit under the facts and circumstances of the case in the interest of justice and equity. 3. An injunction order having been passed in OS No.383/2023 filed by the respondent herein against the petitioner alleging that there is violation of the said order, the respondent/plaintiff had filed an application for advancement of the said matter. 4. In the said matter, a show-cause notice has been issued by the Additional Civil Judge and II-JMFC, Ranebennur calling upon the petitioner to show- - 3 - HC-KAR NC: 2025:KHC-D:9565 WP No. 105292 of 2025 cause as regards the allegations made by the plaintiff that there is a violation of the interim order passed on account of the demolition activity allegedly carried out by the petitioner/defendant in the property of the respondent/plaintiff. It is challenging the same, the petitioner/defendant is before this Court. 5. The apprehension expressed by Sri.Prashant S Hosamani, learned counsel for the petitioner/defendant is that in the show-cause notice the Trial Court has already come to a conclusion that there is a violation of the interim order. 6. Having heard Sri.Prashant S Hosamani and having perused the said show-cause notice, I am of the considered opinion that there is no such finding which has been arrived at by the Trial Court. What the Trial Court has done is to issue a show-cause notice calling upon the petitioner to explain the allegations made by the defendant. - 4 - HC-KAR NC: 2025:KHC-D:9565 WP No. 105292 of 2025 7. It is for the petitioner to submit his objections along with necessary documents, which would be considered by the Trial Court and thereafter necessary action taken, if need be, by initiating separate miscellaneous proceedings under Rule 2A of Order XXXIX of CPC on account of the alleged contempt of court due to violation of the proceedings. 8. The present notice being a show-cause notice dated 26.07.2025 issued by the Trial Court, does not in any manner hold the petitioner guilty of contempt or otherwise as apprehended by the petitioner and the learned counsel. 9. Petition stands disposed with the above observations. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT: UMD List No.: 1 Sl No.: 106