- 1 - HC-KAR NC: 2025:KHC-D:18344 WP No. 101760 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101760 OF 2025 (GM-CPC) BETWEEN: IMRAN S/O. MAIBOOBSAB SHIVAPUR, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. MAKKALGERI, TQ. GOKAK, DIST. BELAGAVI-591307. …PETITIONER (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: HANUMANTH DYAMAPPA GHASTI @ MALAGI, AGE. 48 YEARS, OCC. COOLIE, R/O. PANCHANAYAKANA HATTI, TQ. GOKAK, DIST. BELAGAVI-591307. …RESPONDENT (BY SRI. C.S. SHETTAR, ADVOCATE) 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 QUASHING THE ORDER DATED 24/01/2025 PASSED BY LEARNED I ADDL. SENIOR CIVIL JUDGE, GOKAK IN M.A.NO.5/2024 VIDE ANNEXURE-H; ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 27/02/2024 PASSED ON I.A. NO.1 BY PRINCIPAL CIVIL JUDGE AND JMFC, GOKAK IN O.S.NO.255/2023 VIDE ANNEXURE-G; ALLOW THE APPLICATION BEARING I.A. NO.1 VIDE ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18344 WP No. 101760 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. The petition is filed assailing two orders. The first order dated 27.02.2024 is on the application filed by the plaintiff/petitioner on I.A. No.1 in O.S. No.255/2023 seeking temporary injunction which is rejected by the Principal Civil Judge, Gokak. The second order dated 24.01.2025 is the dismissal of the Miscellaneous Appeal No.5/2024 on the file of I Additional Senior Civil Judge, Gokak filed by the plaintiff/petitioner. 3. Learned counsel for the petitioner would submit that the petitioner has purchased the property from the previous vendor whose name appeared in the - 3 - HC-KAR NC: 2025:KHC-D:18344 WP No. 101760 of 2025 property records from 1940s upto 1961. Learned counsel for the petitioner would submit that in column No.9 of the property records name of the petitioner's vendor appeared in the property records and only for some period from 1961 to 2022, name of the grandfather of the defendant was entered in column No.12. It is further submitted that, said entry is without any basis and without any title and possession. 4. Learned counsel for the petitioner further submit that the suit is filed as there was obstruction by the defendant and the Trial Court rejected the application despite the registered sale deed dated 19.04.2022 and the entry in the record of right in the name of the petitioner. 5. Learned counsel for the defendant would submit that the alleged vendor who is a party to the sale deed in the name of the plaintiff died long back - 4 - HC-KAR NC: 2025:KHC-D:18344 WP No. 101760 of 2025 and there is no valid sale in favour of the petitioner. Defendant is in possession of the property and the alleged sale deed is forged sale deed. And it is a case of impersonation, is the submission. 6. Learned counsel for the petitioner by way of reply would contend that the defendant has lodged a complaint stating that the vendor is not alive. Then, on investigation, before the police, defendant has made a statement that vendor is alive and he has lodged a false complaint stating that the vendor is not alive as he wanted to purchase the property which the vendor refused to do. 7. It is further submitted that ‘B’ report is accepted and it has attained finality and the Trial Court did not have the benefit of going through the ‘B’ report by the police. It is also urged that the Trial Court did not have the benefit of going through the order of the - 5 - HC-KAR NC: 2025:KHC-D:18344 WP No. 101760 of 2025 Assistant Commissioner wherein name of the grandfather of the defendant is deleted. 8. Learned counsel for the defendant would point out to certain discrepancies in the voters list, voter list produced by the petitioner and also the discrepancy in the photograph appearing in the Aadhaar card and the photograph appearing in the sale deed. 9. At this juncture, the Court is of the view that the matter requires reconsideration by the Trial Court. 10. Both the parties submit that the crop is grown in the suit property and there is likelihood of breach of peace in case of either of the parties attempt to harvest the crop. 11. Under these circumstances, the Trial Court is directed to appoint a Court Commissioner to harvest - 6 - HC-KAR NC: 2025:KHC-D:18344 WP No. 101760 of 2025 the crop and to sell the same and the sale proceeds shall be kept in interest earning bank deposit with auto renewal mandate in a nationalized bank till the disposal of the suit and successful party is entitled to the said amount. 12. Since it is submitted that few documents have emerged after the disposal of the application before the Trial Court, Trial Court shall consider the matter afresh. 13. Learned counsel for the respondent would submit that the application be heard after the alleged vendor is examined and cross examined. 14. Learned counsel for the petitioner would submit that vendor being aged and not keeping in good health is not in a position to attend the Court. And the - 7 - HC-KAR NC: 2025:KHC-D:18344 WP No. 101760 of 2025 Court Commissioner be appointed to record the evidence. 15. The Trial Court shall appoint a Court Commissioner to record the evidence of the vendor under whom the plaintiff is claiming, and it is not necessary that the plaintiff should lead his evidence first before recording the evidence of the witness. 16. In the peculiar circumstances of the case, the is permitted to lead evidence of his witness first and the Court Commissioner shall be appointed for the purpose. The Court Commissioner shall also take the photograph of the witness and if need be, the videograph of the witness as well. Once that evidence is recorded, the both parties are at liberty to move the application seeking interim measure. - 8 - HC-KAR NC: 2025:KHC-D:18344 WP No. 101760 of 2025 17. With the above observation, the petition is disposed of. All contentions kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 3