IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.31810 OF 2019 (GM-CPC) BETWEEN:
1. SRI SHIVAMURTHY S/O.SHESHAPPA AGED ABOUT 41 YEARS 2. SRI NARAYANA MURTHY S/O.SHESHAPPA AGED ABOUT 39 YEARS 3. SRI SHESHAPPA S/O.THAMMAIAH GOWDA AGED ABOUT 76 YEARS ALL ARE R/AT SINGANABIDIRE VILLAGE MANDAGADDE HOBLI THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT-577 220 ... PETITIONERS (BY SRI RAKSHITH JOIS Y.P., ADVOCATE) AND:
SRI H.K.CHINNAPPA GOWDA SINCE DEAD BY LRS.
1. SMT.SHARADAMMA W/O.LATE CHINNAPPA GOWDA MAJOR HOUSE WIFE 2. SRI H.C.SANTHOSH S/O.LATE CHINNAPPA GOWDA MAJOR AGRICULTURIST 3. SRI H.C.SANDESH S/O.LATE CHINNAPPA GOWDA MAJOR AGRICULTURIST 4. SRI H.C.SANJAY S/O.LATE CHINNAPPA GOWDA MAJOR AGRICULTURIST ALL ARE R/AT SINGANABIDIRE VILLAGE MANDAGADDE HOBLI THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT-577 220 ... RESPONDENTS (BY SRI B.H.SHAMANNA, ADVOCATE FOR C/R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.07.2019 (ANNEXURE-A) PASSED BY II ADDITIONAL CIVIL JUDGE AND JMFC, THIRTHAHALLI IN O.S.NO.136/2010 ON I.A.NO.10 AND ETC.
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The impugned order for appointing the Court Commissioner to report as to the existence of the cart track cannot be faltered because:
a) since in the opinion of the learned trial Judge the material already placed on record by both the sides may not be sufficient to take a considered decision on issue No.;
b) even otherwise also, the petitioners will have an opportunity to have their say on the report of the Commissioner if it goes against them;
c) the writ petition is preposterous inasmuch as the Commissioner may state about the non-existence of the cart track also, in which event the other side shall have his say over the same.
In the above circumstances, the writ petition is dismissed.
No costs.
Sd/- JUDGE KLV