- 1 - HC-KAR NC: 2026:KHC:13393 WP No. 19045 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 19045 OF 2025 (GM-CPC) BETWEEN: 1. MR VITTALDAS BHAT S/O LATE. MR. G. SADANANDA BHAT AGED ABOUT 77 YEARS 2. MR. ASHWIN G. BHAT S/O MR. G. VITTALDAS BHAT AGED ABOUT 44 YEARS. 3. MR. ANANTH BHAT S/O MR. G. VITTALDAS BHAT AGED ABOUT 40 YEARS PETITIONER NOS. 1 TO 3 ARE R/AT FLAT NO.101 SRINIDHI TOWERS KAVOOR-KULOOR ROAD KAVOOR, MANGALORE-575015. 4. MR. VIJAYADAS BHAT S/O LATE. MR. G. SADANANDA BHAT AGED ABOUT 72 YEARS DOOR NO.201, II FLOOR TAPOVANA KAUSHIK APARTMENTS VISHWESHWARA NAGARA INDUSTRIAL SUBURB, MYSORE-570008. 5. MRS. ARUNA MALLYA D/O LATE. SADANANDA BHAT AGED ABOUT 70 YEARS R/AT NO.304, MAURYA RESIDENCY Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13393 WP No. 19045 of 2025 NEAR SKODA SERVICE CENTRE MATADAKANI, 1ST CROSS URVA, MANGALORE-575006. 6. MRS. SUMATHI BHAT W/O LATE. MR. G. GOKULDAS BHAT AGED ABOUT 65 YEARS. 7. MRS. ANURADHA BHAT D/O LATE. MR. G. GOKULDAS BHAT AGED ABOUT 36 YEARS PETITIONER NOS.6 & 7 ARE R/AT BEHIND SRINIVAS JEWELLERY KAKKINJE, BELTHANGADY TALUK DAKSHINA KANNADA-574140. …PETITIONERS (BY SRI. AJAY PRABHU M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT D.C IOFFICE, NEAR STATE BANK MANGALORE-575001. 2. THE TAHSILDAR BELTHANGADY TALUK TALUK OFFICE, TALUK OFFICE ROAD BELTHANGADY TALUK, D.K-574241. 3. UJIRE VILLAGE PANCHAYATH REP. BY P.D.O. BELTHANGADY TALUK, D.K.-574240. 4. THE SPECIAL L.A.O., NATIONAL HIGHWAYS AUTHORITY OF INDIA I FLOOR, VITTAL ARCADE BUILDING NEAR KOTTARA CHOWKI - 3 - HC-KAR NC: 2026:KHC:13393 WP No. 19045 of 2025 DEREBAIL VILLAGE MANGALORE-575006. 5. MRS. SHRIMATHI BHAT W/O LATE. MR. G. MOHANDAS BHAT AGED ABOUT 75 YEARS R/AT BEHIND INDIAN BAKERY MAIN ROAD, UJIRE VILLAGE BELTHANGADY TALUK, D.K.-574140. 6. MR. ASHOK BHAT S/O LATE. MR. G. MOHANDAS BHAT AGED ABOUT 47 YEARS R/AT MEDINOVA MEDICALS DOOR NO.3/71, SALWA BUILDING MAIN ROAD, JOKATTE MANGALORE-575011. 7. MR. DEEPAK BHAT S/O LATE MR. MOHANDAS BHAT AGED ABOUT 43 YEARS HARDWARE SHOP NEAR SRINIVAS JEWELLERY KAKKINJE, BELTHANGADY-574140 …RESPONDENTS (BY SMT. HEMALATHA V, AGA. FOR R1 TO R3: SRI. SHOBITH SHETTY, ADVOCATE FOR R4: SERVICE OF NOTICE TO R5 TO R7 ARE DISPENSED WITH V/O DATED: 07.07.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 02.06.2025 PASSED IN M.A. NO.03 OF 2024 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND J.M.F.C., BELTHANGADY, D.K. DISTRICT., AS PER ANNEXURE-A THEREBY DISMISSING THE APPEAL FILED BY PETITIONERS AND CONFIRMING THE ORDER DATED: 07.03.2023 PASSED ON IA NO.3 IN O.S NO.328 OF 2023 ON THE FILE OF THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, BELTHANGADY AS PER ANNEXURE-B AND ETC. - 4 - HC-KAR NC: 2026:KHC:13393 WP No. 19045 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “Issue a writ or order or direction quashing the impugned order dated 02.06.2025 passed in M.A.No.03/2024 on the file of Prl. Senior Civil Judge and JMFC, Belthangady, D.K.District, as per Annexure-A thereby dismissing the appeal filed by petitioners and confirming the order dated 07.03.2023 passed on IA No.3 in O.S.No.328/2023 on the file of the Court of Additional Civil Judge and JMFC, Belthangady as per Annexure-B thereby rejecting the application filed by the petitioner under Order 39 Rule 1 and 2 for temporary injunction and consequently allow M.A.No.03/2024 on the file of the Prl. Senior Civil Judge and JMFC, Belthangady, D.K.District as prayed for in the interest of justice and equity.” 2. The petitioners/plaintiffs have filed a suit in O.S. No.328/2023 seeking declaration of adverse possession against the respondent/State Government and its - 5 - HC-KAR NC: 2026:KHC:13393 WP No. 19045 of 2025 authorities. Along with the plaint, they filed an application I.A. No.III under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. The trial court, by order dated 07.03.2024, dismissed the said application. 3. Being aggrieved by the same, the petitioners filed Misc. No.3/2024 before the Principal Senior Civil Judge and JMFC, Belthangady, D.K. District. The said appeal was also dismissed on 02.06.2025, confirming the order passed by the trial court. Being aggrieved by the said two orders, the petitioners have approached this Court. 4. The learned counsel appearing for the petitioners submits that, during the pendency of this petition, the land in question has been acquired by the National Highway Authority for the formation of a road. Therefore, he now seeks a direction to the National Highway Authority to pass an award, determine the compensation amount, and deposit the same before the trial court. - 6 - HC-KAR NC: 2026:KHC:13393 WP No. 19045 of 2025 5. Since the petitioners’ suit for adverse possession itself is pending consideration, it is made clear that if the petitioner succeeds in the suit, they are at liberty to seek passing of an award in respect of the suit schedule property before the appropriate authority. 6. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 42