IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.27027 OF 2019 (GM-CPC)

BETWEEN:

JATHAPPARAI S/O APPAYYARAI AGED ABOUT 65 YEARS, RESIDING AT THOLADAMULE, BETTAMPADY VILLAGE AND POST, PUTTUR TALUK D K PIN-574259 …PETITIONER (BY SRI. VIKAS M., ADVOCATE)

AND:

1 . JAYANATHI H PAKKALA W/O B HARISHCHANDRA PAKKAL AGED ABOUT 54 YEARS, R/O BEERAMALE HILL ROAD POST : DARBE, PUTTUR D K PIN-574259

2 . MOHANDAS RAI S/O K S VITTALARAI AGED ABOUT 52 YEARS, R/O MITHADKA, PANAGE VILLAGE POST: PANAJE, PUTTUR TALUK PIN-574259

3 . ASHALATHA SHETTY W/O SHANKARA SHETTY AGED ABOUT 49 YEARS, R/O PARARIGUTHU MODANKAPU VILLAGE AND POST, BANTWAL TALUK D.K PIN-574259

4 . K SADASHIVA RAI AGED ABOUT 62 YEARS, S/O DUGGAMMA R/O MITHADKA, PANAGE VILLAGE POST: PANAJE PUTTUR TALUK D.K.-574259

5 . KOCHANNARAI S/O APPAYYARAI AGED ABOUT 63 YEARS, RESIDING AT THOLADAMULE BETTAMPADY VILALGE AND POST, PUTTUR TALUK D.K.-574259 …RESPONDENTS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE FOR R1 TO R3;

V/O DATED 24.01.2024 PETTION IS DISMISSED AS ABATED AGAINST R4 & R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1908, PRAYING TO QUASH THE ORDER DATED 30.05.2019 PASSED IN EX CASE NO.15/2012 IN THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, PUTTUR, D.K VIDE ANENXURE-A AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 21.08.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

This writ petition is filed seeking to issue writ of certiorari to quash the Order dated 30.05.2019 in Ex. Case No.15/2012 passed by Additional Civil Judge and JMFC, Puttur,D.K.

2. The petitioner herein is the defendant No.1 in O.S.No.75/1994.

3. For convenience of reference, the parties herein are referred as arrayed before this Court. 4. The brief facts of the case are that:-

The respondent herein filed O.S.No.75/1994 for possession and mesne profits which was decreed with cost on 29.07.2022 by decreeing that the respondents are directed to handover possessing of suit schedule property and issue relation to mesne profit and improvement were left open for consideration in Final Decree Proceedings.

5. The petitioner herein was a defendant in O.S.No.75/1994, filed by the respondent herein; seeking possession and mesne profits in respect of the suit schedule property. By judgment and decree dated 29.07.2002, the suit was decreed with costs, directing the petitioner and other defendants to hand over possession of the suit schedule property, while issues relating to mesne profits and improvements were reserved for determination in final decree proceedings.

6. Subsequently, the respondent initiated F.D.P.No.1/2003 before the Court of the Principal Civil Judge, Puttur, D.K., under Order XX Rule 12 and Section 151 CPC, for determination of mesne profits. By order dated 19.07.2010, the said petition was allowed, directing the petitioner and two others to pay Rs.10,200/- towards mesne profits accrued as of 01.04.1994, along with Rs.10,200/- per annum towards mesne profits for the period from 01.04.1994 to 10.10.2002. The respondent was, however, directed to pay Rs.8,000/- to the petitioner towards improvements to the suit property.

7. The following points arose for its consideration in F.D.P.No.1/2003:-

(i) Whether the petitioners prove that they are entitled for mesne profits from 1.4.1994 till

10.10.2002? If so at what rate?

(ii) Whether the respondents prove that they are entitled for the improvement as contended in para 23 of the written statement?

(ii) What order?

8. Based on the pleadings and documentary evidence, the Principal Civil Judge in F.D.P.No.1/2003 observed as under:-

19. …..the suit schedule property was delivered to the possession of the petitioners on 10.10.2000. Hence from 1.4.1994 till 10.10.2002 the respondents were in illegal possession of plaint A schedule property. Hence to that period i