IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.5300 OF 2021 (GM-CPC)

BETWEEN:

1 . SRI KUMAR AGED ABOUT 45 YEARS 2 . SRI LAKSHMANA AGED ABOUT 58 YEARS

3 . SRI DARMA AGED ABOUT 39 YEARS 4 . SMT. PUTTAMMA AGED ABOUT 60 YEARS PETITIONERS NO.1 TO 3 ARE THE CHILDREN AND PETITIONER NO.4 IS THE WIFE OF LATE SRI CHAMUNDAIAH ALL ARE RESIDING AT SY. NO.64, JWALA MUKHI AND NITIN WATER WORKS OPP. HOYSALA PETROL BUNK YELETHOTA JLB ROAD CHAMUNDIPURAM MYSORE 570 008 …PETITIONERS (BY SRI. SUBHASH S., ADVOCATE)

AND:

SRI PRAKASH BABU AGED ABOUT 60 YEARS S/O SRI GURUNATHA RAO R/AT NO.12, HIMAYATNAGAR, HYDERABAD-560 029.

OFFICE AT SYLVAN GREENS PROJECT YELETHOTA JLB ROAD CHAMUNDIPURAM MYSORE-570 008.

…RESPONDENT (BY SRI. RAMU S., ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED 06.11.2020 PASSED ON I.A.NO.7 APPOINTMENT OF THE GOVERNMENT LOCAL SURVEYOR IN O.S.NO.504/2020 ON THE FILE OF II ADDL. FIRST CIVIL JUDGE AT J.M.F.C, MYSORE, VIDE ANNEXURE-E AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 16.09.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

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

CAV ORDER

1. The present writ petition is filed seeking to set aside the Order dated 06.11.2020 passed on I.A.No.VII filed for appointment of the Government/ Local Surveyor in O.S.No.504/2020, on the file of II Addl. First Civil Judge and JMFC at Mysuru (‘the Trial Court’ for short).

2. The petitioners herein are the defendants before the Trial Court and the respondents herein are the plaintiffs before the Trial Court.

3. The suit was filed by the plaintiff against the defendants for bare injunction. The defendants were placed ex-parte by the Trial Court. The plaintiff has admitted that the suit schedule property was in possession of the defendants/petitioners herein and has alleged that the defendants are making construction. Hence, the plaintiff filed I.A.No.VII for appointment of a Court Commissioner under Order XXVI Rule 9 of CPC.

4. The brief facts of the case are that:-

One Sri.Chamundaiah was granted occupancy rights over 4 guntas of land in Sy.No.64/1 (old Sy.No.4) by the Tahsildar, Land Reforms, Mysore Taluk, under a grant certificate dated 01.01.1982 (hereinafter “schedule property”). He had two wives, three sons through his first wife and one son through his second wife, and resided in a house situated to the south of the schedule property.

5. Upon his demise on 15.05.1991, an oral partition took place among his legal heirs, under which petitioners No.1 to 3 (children of the first wife) received 2 guntas, while the petitioner No.4 received 2 guntas as share of her branch. The petitioners No.1 to 3 constructed independent dwelling units in their share, while the petitioner No.4 dug up two borewells in the eastern side of her property and had availed electricity connection. The existing house of the petitioner No.4 was dilapidated. Hence, she demolished and reconstructed a new deluxe house, the construction of which progressed without objection until completion, save for plastering and painting. Thereafter, the respondent herein/plaintiff instituted O.S.No.504/2020 before the Trial Court alleging as under:-

i) the suit Schedule Property bearing Sy No.65 and 6 measuring 7 Acres and 36 Guntas was purchased by him and his friends (described as item No.1 in the Plaint Schedule)

ii) towards western side Le, south western side of item No.1 of the suit Schedule Property there are two small ACC sheet shed with some vacant space for storing agricultural implements.

ⅲ) the above said shed and vacant space was not being used by the Plaintiffs for any purpose.

iv) the Defendants (Petitioners) approached the Plaintiff to permit them to use the shed and the vacant space for storing agricultural implements and in return agreed to look after the land without any remuner