IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.10193 OF 2026 (GM-PP)

BETWEEN:

K RAMAKRISHNA S/O K.GANGADHARAIAH, AGED ABOUT 58 YEARS, R/OF VALMIKI NAGAR, HAVING BUSINESS IN SHOP NO.16, OF MUNICIPAL COMPLEX, PAVAGADA TOWN, TUMAKURU DIST., - 561202 …PETITIONER (BY SRI. SUNIL KUMAR PATEL., ADVOCATE)

AND:

Digitally signed by CHAITHRA A Location: HIGH 1. THE PRESCRIBED AUTHORITY COURT OF KARNATAKA (SAKSHAMA PRADHIKARA)

UNDER THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS)

ACT, 1971, CHIEF OFFICER, TOWN MUNICIPALITY, PAVAGADA-561202

2. THE TOWN MUNICIPAL COUNCIL, REPTD. BY ITS CHIEF OFFICER, PAVAGADA- 561202 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER, DATED 17.01.2026, PASSED ON IA-2, FILED U/OR. XI RULE-1 AND 2 AND 14 R/W SEC.151 OF CPC, 1908 IN M.A NO.5027/2024, PENDING ON THE FILE OF THE IV ADDL. DIST. AND SESSION JUDGE, TUMAKURU SITTING AT MADHUGIRI., VIDE ANNX-A ALLOW IA-2, FILED U/OR. XI RULE-1 AND 2 AND 14 R/W SEC.151 OF CPC, 1908 IN M.A NO.5027/2024, PENDING ON THE FILE OF THE IV ADDL. DIST. AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI, AS SOUGHT, VIDE. ANNEXURE- D.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The present writ petition is filed by the petitioner, an alleged unauthorized occupant, calling in question the order passed by the Appellate Authority, whereby an application filed under Order XI Rules 1, 2 and 14 read with Section 151 of the Code of Civil Procedure, 1908, has been rejected. The Appellate Authority has declined to entertain the said application on the ground that such recourse is not permissible in an appeal preferred under Section 10 of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 (for short, ‘the 1974 Act’).

2. The brief facts leading to the filing of the present petition are that respondent No.2 appointed respondent No.1 as the Estate Officer for initiating proceedings to evict the petitioner on the premises that he is an unauthorized occupant of the subject premises. Pursuant to such appointment, respondent No.1/Estate Officer issued notice to the petitioner conducted an enquiry in accordance with law and ultimately passed an order of eviction under Section 4 of the 1974 Act. 3. Aggrieved by the order of eviction passed by the Estate Officer, the petitioner preferred an appeal before the Appellate Authority under Section 10 of the 1974 Act. During the pendency of the said appeal, the petitioner filed an application under Order XI Rules 1, 2 and 14 read with Section 151 of CPC, seeking a direction to respondent No.2 to produce certain documents, which according to the petitioner are necessary for effective adjudication of the appeal. The said application, however, came to be rejected by the Appellate Authority.

4. Heard the learned counsel appearing for the parties. This Court has carefully considered the rival submissions and has bestowed its anxious consideration to the prayer sought in the application filed under Order XI Rules 1 and 2 of CPC. This Court deems it appropriate to extract the interrogatories sought to be administered to the respondents, which read as follows:

"1. The Respondents to produce the Video recorded during the Auction proceedings.

2. The Respondents to produce the Original lease agreement executed by the appellant from time to time as directed by the TMC Pavagada with the deposit made by the appellant.

3. The Respondents to produce the documents showing when the appellant has occupied the premises and on what basis/order he has occupied the premises. Further, the relevant dates with documents when the occupation of the premises by the appellant was allowed to continue to be produced.

4. The Respondents to produce documents showing the rents paid by the ap