- 1 - HC-KAR NC: 2026:KHC:1015 WP No. 12654 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO.12654 OF 2022 (GM-CPC) BETWEEN: 1. SRI. B. SHIVU @ SHIVAPPA S/O LATE RANGAPPA, AGED ABOUT 59 YEARS, 2. SRI. MANJAPPA S/O LATE RANGAPPA, AGED ABOUT 66 YEARS, 3. SRI. KALLAPPA S/O LATE RANGAPPA, AGED ABOUT 61 YEARS, 4. SRI. PRAKASH S/O LATE RANGAPPA, AGED ABOUT 58 YEARS, THE PETITIONER NOS.1 TO 4 ARE R/O KAMMARGHATTE VILLAGE, HONNALI TALUK - 577 224, DAVANAGERE DISTRICT. …PETITIONERS (BY SRI. V B SIDDARAMAIAH., ADVOCATE) AND: 1. MISS. AMBIKA D/O B. SHIVU @ SHIVAPPA, AGED ABOUT 21 YEARS, C/O SATHYA SINGH RAJAPUTARU, - 2 - HC-KAR NC: 2026:KHC:1015 WP No. 12654 of 2022 KAMMARGHATTE VILLAGE, HONNALI TALUK - 577 224, DAVANAGERE DISTRICT. 2. SRI. UMESHA S/O LATE RANGAPPA, AGED ABOUT 51 YEARS, R/O KAMMARGHATTE VILLAGE, HONNALI TALUK - 577 224, DAVANAGERE DISTRICT. 3. SMT. SHAKUNTALAMMA @ SHAKUNTALA W/O CHANNABASAPPA BANAKARA, AGED ABOUT 61 YEARS, 4. SRI. GANESHA S/O CHANNABASAPPA BANAKAR, AGED ABOUT 37 YEARS, R/O YATNAHALLI VILLAGE, HIREKARURU TALUK - 581 109, HAVERI DISTRICT. …RESPONDENTS (BY SRI. SIDDAMALLAPPA P M., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR ORDERS TO SET ASIDE / QUASH THE PORTION OF THE JUDGMENT DATED 25.01.2019, PASSED BY THE COURT OF THE SENIOR CIVIL JUGE AND JMFC, AT HARIHARA ITINERARY AT HONNALI, IN FDP NO.18/2013, WITH RESPECT TO APPOINTMENT OF TALUK SURVEYOR AS COURT COMMISSIONER, VIDE ANNEXURE-C AND THEREBY APPOINTMENT THE TAHSILDAR AS COURT COMMISSIONER TO SUBMIT THE REPORT AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:1015 WP No. 12654 of 2022 CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. At the outset, the learned counsel for the respondents has raised an objection regarding the maintainability of the present petition. He submits that this petition is not maintainable, since the challenge in this petition is to a judgment dated 25.01.2019 passed by the Senior Civil Judge and JMFC, at Harihara, Itinerary at Honnali, in Ex.No.43/2022 (FDP.No.18/2013). Learned counsel contends that once a final decree has been passed, only an appeal can be filed to challenge the same. 2. The learned counsel for the petitioners fairly concedes that the challenge is confined to a portion of the said judgment. However, he was unable to deny that a final judgment has, in fact, been passed. Given these circumstances, a petition under Article 227 of the Constitution of India is clearly not maintainable. - 4 - HC-KAR NC: 2026:KHC:1015 WP No. 12654 of 2022 3. In view of these circumstances, the petition is disposed of, granting liberty to the petitioners to take appropriate remedies in accordance with law for the redressal of their grievances. (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 35 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA