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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
V.Prasad S/O. Late Y. Venkatappa – Appellant
Versus
Manu N., S/O M. Nagaraj – Respondent
| Table of Content |
|---|
| 1. establishment of a joint development agreement and related disputes. (Para 1 , 3) |
| 2. consideration of the need for a court commissioner. (Para 4 , 5) |
| 3. arguments for and against the appointment of a commissioner. (Para 6 , 7 , 8) |
| 4. determining the parties eligible to serve as court commissioners. (Para 9) |
ORDER :
M.NAGAPRASANNA, J.
Petitioners in both these cases are common, they are defendants 1, 2, 3 and 4 in Commercial O.S.No.119 of 2021. The petitions call in question an order of the concerned Court allowing the application I.A.No.20 filed under Order 26 Rule 9 r/w Section 75 of the CPC regarding appointment of Court Commissioner and dismissing the application filed by defendants 1 to 4 filed in I.A.No.22 seeking modification of the order appointing the Tahsildar as Court Commissioner.
2. Heard Sri Seenappa K., learned counsel for petitioners in W.P.No.25227 of 2025 and Sri C S Vinod, learned counsel for petitioners in W.P.No.21514 of 2025 and Sri Piyush Kumar Jain D, learned counsel appearing for respondent No.1 in both the petitions.
3. Facts in brief, germane, are as follows:
3.1. On 16-12-2015, the petitioners/defendants 1 to 4 have entered into a Joint Devel
The appointment of a Court Commissioner under Order 26 Rule 9 of the CPC is justified to ascertain construction claims, balancing discretion with the need for technical assessment in legal disputes.
The main legal point established in the judgment is that a new Court Commissioner should not be appointed unless the report of the earlier Commissioner is discarded, and parties are entitled to exami....
Law relating to appointment of Court Commissioner is fairly well settled and that the Court Commissioner cannot be appointed for the purpose of collection of evidence.
The court established that additional evidence cannot be admitted in appellate proceedings if the party had prior opportunities to present it, and that the appointment of a commissioner should not be....
The court emphasized the provisions of Order XXVI Rule 9 of CPC, highlighting the power of the court to appoint a Commissioner for local inspection if the report of the Commissioner is of assistance ....
In view of the nature of the dispute between the parties as regards the demarcation of the disputed land and the High Court having not addressed that issue by appointment of a local Commission for de....
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