Sri. Mahadevappa S/O Malleshappa Gadag v. Late Basanagoud S/O Shankargouda Hiregoudra Since Died His Lrs
Case brief
What is this about?
Article 227 writ petition; writ of certiorari; High Court of Karnataka Dharwad Bench; Justice Anant Ramanath Hegde; WP No.100572 of 2024 (GM-CPC); O.S. No.45/2019; I.A. No.13 / I.A.No.XIII dated 13-12-2023; Civil Judge and JMFC Mundaragi; appointment of Court Commissioner; Survey Commissioner; measurement of suit property; land encroachment; 2017 survey report no encroachment; fence and boundary stones removed on 12.03.2018; Shadaksharappa S/o Veranna and Another v. Vijayalakshmi and Others, W.P.No.201274/2022 decided 24.01.2023; plaintiffs Mahadevappa and Suresh s/o Malleshappa Gadag; respondents legal representatives of late Basanagoud s/o Shankargouda Hiregoudra; impugned order set aside; petition allowed; guidelines and dates per earlier judgment; memo of instructions to Court Commissioner.
What did the court decide?
Writ petition allowed; order dated 13.12.2023 passed on I.A.No.XIII in O.S.No.45/2019 on the file of Civil Judge, Mundaragi set aside; Trial Court directed to appoint a Court Commissioner to measure the suit property and to issue appropriate guidelines and fix the dates as prescribed in the judgment of Shadaksharappa (supra); both parties at liberty to give memo of instructions to the Court Commissioner.