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2026 DAILYLAW 37617 (KAR)

S. SHIVANANDAIAH v. THE EXECUTIVE ENGINEER

WP/10519/2023 · 2026-08-29

Vijaykumar A Patil

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010243092023 NC: 2026:KHC:46932 W.P. No.10519/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.10519/2023 (GM-CPC) BETWEEN: S. SHIVANANDAIAH S/O LATE SHIVANNA AGED ABOUT 69 YEARS R/O KATTEGOLLAHALLI GRAMA HEBBUR HOBLI, TUMKURU TALUK TUMKURU DISTRICT-572120. …PETITIONER (BY SRI. MANU SHANKAR S.S. ADV.,) AND: 1. THE EXECUTIVE ENGINEER POWER GREED NM TRANSMISSION LTD., VASANTHANAGAR NARASAPURA INDUSTRIAL AREA STAGE 3, KEMPANA DODDERE GRAMA KORA HOBLI, TUMKURU TALUK TUMKURU DISTRICT-572128. 2. THE POWER GRID, N.M TRANSMISSION PVT. LTD. REP. BY THE EXECUTIVE ENGINEER NON-GOVERNMENT, REGISTERED 765/400/220 KV SUB STATION VASANTHA NARASAPURA INDUSTRIAL AREA, STAGE 3 KEMPANA DODDERI GRAMA KORA HOBLI, TUMKURU TALUK TUMKURU DISTRICT-572128. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010243092023 NC: 2026:KHC:46932 W.P. No.10519/2023 3. SMT. MEGHANA .R W/O GURUPRASAD .G AGED ABOUT 25 YEARS R/AT G.T. TAVAREKERE SBG COLONY, MAGADI MAIN ROAD BANGALORE-560029. 4. ROHITH K.R. S/O K.S. RAVEESHAIAH R/AT KOTTEGOLLAHALLI VILLAGE HEBBUR HOBLI, TUMKURU TALUK TUMKURU DISTRICT-572120. …RESPONDENTS (BY SRI. JOSHUA HUDSON SAMUEL, ADV., FOR R1 & R2 SRI. D.G. CHINNAPPA GOWDA, ADV., FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-D IMPUGNED ORDER DT. 10.04.2023 BY ALLOW THE APPLICATION FILED BY THE APPLICANTS/ R3 AND R4 U/S I RULE 10 OF CPC IN CIVIL MISC.NO.204/2018 PASSED BY THE VI ADDL. DISTRICT JUDGE AT TUMKURU AND DISMISS THE APPLICATION FILED BY THE APPLICANTS UNDER ORDER I RULE 10 OF CPC BY ALLOWING THE ABOVE PETITION & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010243092023 NC: 2026:KHC:46932 W.P. No.10519/2023 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 10.04.2023 passed in Civil Misc.No.204/2018 by the VI Additional District Judge, Tumakuru (for short, ‘the trial Court’). 2. Heard Sri.Manu Shankar S.S., learned counsel for the petitioner; Sri.Joshua Hudson Samuel, learned counsel for respondent Nos.1 and 2; Sri.D.G.Chinnappa Gowda, learned counsel for the respondent Nos.3 and 4 and perused the material available on record. 3. The petitioner had filed a Civil Miscellaneous Case No.204/2018 before the District Court, Tumkur, under Section 19 of the Indian Electricity Act, 2003, read with Section 13 of the Indian Telegraph Act, 1885, seeking enhancement of the compensation on the ground that the amount paid by the respondents in the said proceedings is - 4 - HC-KAR CNR: KAHC010243092023 NC: 2026:KHC:46932 W.P. No.10519/2023 insufficient as they have erected the electrical tower as well as laid the high-tension wire on the property of the petitioner. In the said proceedings, the respondent Nos.3 and 4 herein, filed an application under Order I Rule 10 of the Code of Civil Procedure, 1908, (for short, ‘the CPC') contending that the petitioner, without disclosing to the authority that the property in question is a joint family property, had usurped the compensation amount, and that a suit for partition is pending between them. The trial Court, considering the said aspect, allowed the said application for impleadment under the impugned order. I do not find any error or perversity in the impugned order calling for interference in the present petition. The writ petition is devoid of merits and the same is accordingly, rejected. It is needless to observe that the respondent Nos.3 and 4 are permitted to place the material before the trial Court to support the case of the petitioner for seeking - 5 - HC-KAR CNR: KAHC010243092023 NC: 2026:KHC:46932 W.P. No.10519/2023 higher compensation and if the trial Court determines higher compensation, the entitlement of the compensation and its apportionment should be in accordance with law. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 48