- 1 - HC-KAR NC: 2026:KHC-D:1604 WP No. 100761 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100761 OF 2026 (GM-CPC) BETWEEN: SRI. PARMESWARAPPA S/O. MALLAPPA DESAI, AGE. 78 YEARS, OCC. AGRICULTURE /RTD-TEACHER, R/O. MASANGI, TQ. BYADG, DIST. HAVERI-581106. …PETITIONER (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1. SRI. MUPPAJJA S/O. SHEKAPPA HIREMATH, AGE. 26 YEARS, OCC. STUDENT, R/O. MASANGI, TQ. BYADGI, DIST. HAVERI-581 106, NEAR OLD GRAM PANCHAYAT. 2. ERAPPA S/O. SHEKAPPA HIREMATH, AGE. MINOR, OCC. STUDENT, NEAR OLD PANCHAYTIM, R/O. MASANGI, TQ. BYADGI, DIST. HAVERI-581106, THEIR OWN MOTHER D-3. 3. SMT. LALITAVVA W/O. SHEKAPPA HIREMATH, AGE. 56 YEARS, OCC. HOUSEWIFE, R/O. MASANGI, TQ. BYADG, DIST. HAVERI-581106, THIS DEFENDANT IS MINOR GUARDIAN. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 03/11/2025 MADE ON IA NO.14 IN O.S.NO.168/2019 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, BYADGI AND THEREBY ALLOW THE APPLICATION IE. IA NO.14 FILED BY THE PETITIONER. (ANNEXURE-F) B) ISSUE ANY OTHER WRIT OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.12 10:48:24 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1604 WP No. 100761 of 2026 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the order passed in I.A.No.14 in O.S.No.168/2019 dated 03.11.2025 by the Court of Civil Judge & JMFC, Byadgi. 2. The petitioner/plaintiff had filed the suit seeking declaration and injunction. In that, even before the evidence is commenced, the petitioner had filed I.A.No.14 for the appointment of Court Commissioner to make report whether the petitioner is in possession of the property or not? 3. The trial Court by order impugned had dismissed the application. While dismissing the application, the trial Court had observed that the plaintiff and the defendants have to prove their case by adducing necessary documents before the trial Court and they should not depend upon the weakness in the case and the trial Court should not use its agency to collect evidence in favour or in against of any party to the litigation. The trial Court observed that it amounts to collection of evidence and accordingly, dismissed the application. - 3 - HC-KAR NC: 2026:KHC-D:1604 WP No. 100761 of 2026 4. Learned counsel appearing for the petitioner submits that if the Court Commissioner is appointed, that evidence will help the Court to decide the disputes between the parties and the trial Court without considering all these aspects had dismissed the petition. 5. Having heard the learned counsel for the petitioner, perused the material on record. The suit is filed seeking declaration and injunction. A party who is seeking a relief from the Court have to prove their case by adducing cogent evidence. In this case, the evidence is not yet commenced. Now at this stage, appointment of the Court Commissioner is not necessary. After the evidence is adduced by both the parties, at that juncture, if it is necessary to appoint the Court Commissioner, the petitioner can always file an application and in the facts and circumstances, the trial Court will consider the same in accordance with law. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to file this application at a later point of time. - 4 - HC-KAR NC: 2026:KHC-D:1604 WP No. 100761 of 2026 ii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 28