Mangalore, Dakshina Kannada (for short "the Trial Court").
of Karnataka is arrayed as defendant No.1.
2. Since common questions of fact and law arises for
3. The said suit was filed by respondent Nos.1 and 2
filed an application for I.A.No.2 for temporary injunction. The Trial
I.A.No.2 by issuing certain directions as hereunder.
By way of order of Temporary Injunction, the
defendants, its men, servants, agents, officers or anyone
claiming through or under them are hereby restrained from
entering the suit schedule land and acquiring/taking forcible
possession of the sit schedule lands without following the
due procedure of acquisition of further extent than the
proposed acquired land in any manner till disposal of the
suit.
NC: 2026:KHC:17562
HC-KAR
However, it is made clear that this order does not
come in the way of carrying out the project work of the
defendants in the acquired land of the plaintiff.
No order as to costs."
4. Aggrieved by the aforesaid order, the petitioners filed
an appeal in M.A.No.2/2024, which was dismissed by the First
Appellate Court, vide impugned order dated 13.03.2024.
Aggrieved by the impugned order passed by the Trial Court on
I.A.No.2 and confirmed by the First Appellate Court,
petitioners - defendant Nos.2 and 3 are before this Court in
W.P.No.27806/2024 filed by them..
5. In the said suit in O.S.No.612/2023, in addition to filing
their written statement and objections to I.A.No.2, the petitioners-
defendant Nos.2 and 3 also filed an application, I.A.No.5 under
Order VII Rule 11 (a) and (d) CPC seeking rejection of plaint. The
said application having been opposed by the plaintiffs, the Trial
Court proceeded to pass the impugned order dated 18.12.2023
rejecting I.A.No.5 filed by the petitioners-defendant Nos.2 and 3,
aggrieved by the impugned order passed on I.A.No.5 by the Trial
NC: 2026:KHC:17562
HC-KAR
Court, the petitioners have preferred connected petition in
W.P.No.4252/2024.
6. A perusal of the material on record will indicate that the
Trial Court and the First Appellate Court have come to the
conclusion that the plaintiffs are in lawful and peaceful possession
and enjoyment of the suit schedule property and that the
petitioners-defendant Nos.2 and 3 are not entitled to interfere with
the plaintiffs' possession and enjoyment of the suit schedule
property. When the matter came up before this court on
19.02.2026, the following interim order was passed.
"Heard learned counsel for the petitioners, learned
counsel for respondent Nos.1 and 2 and learned AGA for
respondent No.3 in part.
Learned counsel for the petitioners, learned counsel
for respondent Nos.1 and 2 and learned AGA for
respondent No.3 jointly submit that without prejudice to
their rights and contentions, they have no objection for
the jurisdictional ADLR i.e., the Additional Director of Land
Records, Mangalore, Dakshina Kannada District to be
appointed as a Court Commissioner to conduct a joint
survey/spot inspection in the presence of all parties and
to submit a report in this regard by next date of hearing.
In view of the joint submissions made by both
sides, I deem it just and appropriate to direct the
NC: 2026:KHC:17562
HC-KAR
jurisdictional ADLR, Mangalore, Dakshina Kannada District
to conduct a joint survey/spot inspection of the suit
schedule property on 28.02.2026 and to submit a report
in this regard by the next date of hearing.
The petitioners, respondent Nos.1 and 2 are
directed to be physically present at the suit schedule
property at 11.00 a.m. on 28.02.2026 so as to enable the
ADLR/Court Commissioner to conduct a joint survey/spot
inspection as stated supra.
Liberty is reserved in favour of petitioners as well
as respondent Nos.1 and 2 to submit their respective
memos of instructions, documents etc., to the Court
Commissioner on that day.
The Court Commissioner will conduct joint
survey/spot inspection and submit a report to this Court
by the next date of hearing.
Re-list on 16.03.2026 at 02.30 p.m.
Learned AGA is directed to communicate this order
to ADLR/ Court Commissioner immediately to enable
compliance.
Hand delivery of this order is permitted."
7. In pursuance of the said interim order, the ADLR has
submitted a report along with sketch, photographs etc., which is
recorded by this Court in its order dated 16.03.2026 as hereunder:
"Learned AGA for respondent No.3 submits that
pursuant to the order dated 19.02.2026, the ADLR has
submitted a report along with the report, sketch,
photographs, etc.
NC: 2026:KHC:17562
HC-KAR
Learned counsel for the parties seeks time to examine
the aforesaid documents and make submissions on the next
date of hearing.
Re-list on 26.03.2026 at 02.30 p.m."
8. Today, respondent Nos.1 and 2 - plaintiffs have filed
their objections to the said report submitted by the ADLR and the
said objections and documents produced by respondent Nos.1 and
2 are also placed on record.
9. A perusal of the impugned orders passed by the Trial
Court and the First Appellate Court will indicate that reliance is
placed upon the Commissioner's Report, which was made
available to the Trial Court and the First Appellate Court for the
purpose of passing the impugned orders in favour of the plaintiffs
against the defendants. However, having regard to the subsequent
Commissioner's Report submitted by the ADLR, pursuant to the
aforesaid order passed by this Court, though several contentions
have been urged by both sides in support of their respective
claims, without expressing any opinion on the merits/demerits of
the rival contentions and in view of the aforesaid subsequent event
that has transpired/occurred during the pendency of the present
NC: 2026:KHC:17562
HC-KAR
petitions and the new/fresh report submitted by the ADLR, I deem it
just and appropriate to set aside the impugned orders and remit the
matter back to the Trial Court for reconsideration of IA Nos.2 and 5
afresh, in accordance with law, within a stipulated time frame.
10. In the result, I pass the following:
ORDER
i) W.P.No.27806/2024 is allowed.
ii) The impugned orders dated 18.11.2023 and 13.03.2024
passed in O.S.No.612/2023 and M.A.No.2/2024 by the
Trial Court and the First Appellate Court, respectively,
on I.A No.2, are hereby set aside.
iii) W.P.No.4252/2024 is hereby allowed.
iv) The impugned order dated 18.12.2023 passed in
O.S.No.612/2023 on I.A.No.5 by the Trial Court is
hereby set aside.
v) The matter is remitted back to the Trial Court for
reconsideration of I.A.Nos.2 and 5, afresh, in
accordance with law.
- 10 -
NC: 2026:KHC:17562
HC-KAR
vi) Registry of this Court is directed to transmit the report of
the ADLR and accompanying documents as well as the
objections filed by the respondent No.1 and 2-plaintiffs
to the Commissioner's Report to the Trial Court
immediately, to enable the Trial Court to comply with
this order.
vii) The Trial Court is directed to prepone/advance the
matter from 18.04.2026 to 06.04.2026.
viii) Liberty is reserved in favour of both parties to seek
preponement of the matter from 18.04.2026 to
06.04.2026.
ix) The Trial Court shall reconsider I.A.Nos.2 and 5 afresh
after taking into account the entire material on record
comprising of the pleadings, documents of the parties
etc., including the commissioner's report filed earlier
and the latest Commissioner's Report of the ADLR as
well as objections to the same filed by the parties and
dispose of I.A.Nos.2 and 5 afresh, on or before
27.04.2026.
- 11 -
NC: 2026:KHC:17562
HC-KAR
x) It is further directed that without prejudice to the rights
and contentions of the parties, the petitioners shall not
take any precipitative/coercive steps/action in respect of
the schedule property, till disposal of I.A.Nos.2 and 5
afresh, as directed in the present order and the Trial
Court shall dispose of I.A.Nos.2 and 5, afresh, without
being influenced by the findings and observations, if
any, recorded in the present order.
xi) All rival contentions on all aspects of the matter are
kept/left open and no opinion is expressed on
merits/demerits of the rival contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
List No.: 2 Sl No.: 14
