IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 102981 OF 2026 (GM-CPC)

BETWEEN:

1. SRI GOVIND S/O KRISHNARAO DESHPANDE AGE. 85 YEARS, OCC. AGRICULTURE, R/O. DESHAPANDE GALLI, DHARWAD.

…PETITIONER (BY MS. SURABHI KULKARNI, ADVOCATE)

AND:

1. SMT USHA W/O SHRINIVAS DESAI AGE. 76 YEARS, OCC. RETIRED DOCTOR, R/O. SUDHAMA (HS), SHIVASHRUSTI, FLAT NO.20, MUMBAI.

PRESENTLY RESIDING AT ”TEJASWINI”, 57/D, 18^TH MAIN ROAD, BANASHANKARI FIRST STAGE, BENGALURU 560050.

…RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF Digitally signed by VIJAYALAKSHMI M THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF KANKUPPI Location: H IGH CERTIORARI QUASHING THE ORDER DATED 09.12.2025 ALLOWING IA COURT OF KARNATAKA NO.V IN OS NO.338/2023 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DHARWAD FILED BY THE DEFENDANT U/O.26 RULE 2 AND 4-A R/W SEC.75 AND SEC.151 OF CPC FOR APPOINTMENT OF COURT COMMISSIOENR FOR RECORDING DEFENDANT’S EVIDENCE IN BENGALURU, PRODUCED AT ANNEXURE-A & ETC.

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

ORAL ORDER

(PER: THE