IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8610 OF 2022 (GM-CPC)

BETWEEN:

HANUMANTHAREDDY S/O GANGIREDDY AGED 84 YEARS R/O SOORAPALLI VILLAGE ANDERSONPET POST KOLAR GOLD FIELDS, REP BY HIS GPAHOLER SRI S. RAMACHANDRAREDDY S/O HANUMANTHAREDDY AGED ABOUT 52 YEARS R/AT SOORPALLI VILLAGE ANDERSONPET POST KGF - 563113.

…PETITIONER (BY SRI M.B. CHANDRACHOODA, ADV.)

AND:

1. SMT. LOGAMANI D/O KALLAPURI Digitally AGED 73 YEARS.

signed by NANDINI M S Location:

2. SRI PARTHASARATHY HIGH COUR T OF S/O KALLAPURI KARNATAKA AGED 68 YEARS.

3. SMT KRISHNAVENI W/O LATE ANANDARAJ AGED ABOUT 58 YEARS.

4. SRI ANBALAGAN S/O LATE ANANDARAJ AGED 42 YEARS.

5. SRI ASHOK KUMAR S/O LATE ANANDARAJ AGED 38 YEARS.

6. SRI MANOJHAR S/O LATE KALLAPURI AGED 63 YEARS.

7. SRI PONNURANGAM S/O LATE KALLAPURI AGED 61 YEARS.

8. SMT KALAI D/O LATE KALLAPURI AGED 56 YEARS.

9. SRI KULASHEKARAN S/O LATE KALLAPURI AGED 53 YEARS.

RESPONDENTS 1 TO 9 ARE R/O RODGERS CAMP MARIKUPPA K G F - 563 112.

10. BERNARD DAWSON S/O LATE P M LOUDAMMAL AGED MAJOR R/AT 6TH CROSS PIPELINE ROBERTSONPET K G F - 563 113.

11. BETSY ROZARIO D/O LATE P M KOUDAMMAL AGED MAJOR R/AT MARIKUPPA K G F - 563 113.

12. QUEENY CORROLL D/O LATE P M LOUDAMMAL AGED MAJOR R/AT BAND MASTERS QUARTERS OORGAM, K G F - 563 113.

13. SMT. JYOTHI W/O LATE GEORGE AGED 35 YEARS.

14. ALPHONSA MARY D/O LATE GEORGE AGED ABOUT 30 YEARS.

RESPONDENTS 13 TO 14 ARE R/AT ANDERSONPET BUS STAND, B.M. ROAD ANDERSONPET K G F - 563 113. …RESPONDENTS (BY SRI SUJAYEENDRA SRIDHAR, ADV., FOR R-1, R-3 TO R-7, R-9 TO R-12;

R-13 & R-15 ARE DISMISSED V/O DTD 21.12.2023;

R-2, R-6, R-8 & R-11 ARE PERMITTED TO DELETE V/O DTD 16.01.2025)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.4.4.2022 PASSED ON IA NO.21 FILED BY THE PETITIONER U/O XXVI RULE9R/W SEC 151 OF CPC IN O.S.NO.142/2011 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC KGF VIDE ANNEXURE-K.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. This writ petition under Article 227 of the Constitution of India is filed by the plaintiff with a prayer to set-aside the order dated 04.04.2022 passed on IA No.21 in OS No.142/2011 by the Court of I Addl. Civil Judge and JMFC, KGF. 2. Heard the learned counsel for the parties.

3. Petitioner herein has filed OS No.142/2011 before the jurisdictional Civil Court at KGF, Kolar, seeking the relief of declaration of his title and consequential relief of perpetual injunction in respect of the suit schedule properties. The contesting defendants have filed written statement and have opposed the suit claim. In the said suit, IA No.21 is filed on behalf of the petitioner under Order XXVI Rule 9 read with Section 151 of CPC with a prayer to appoint a Court Commissioner/ADLR for the purpose of local inspection of the suit schedule properties and submit a report. The said application was opposed by the contesting defendants by filing objections. The Trial Court vide the order impugned has rejected IA No.21 and being aggrieved by the same, plaintiff is before this Court.

4. Learned counsel for the petitioner submits that the Trial Court is not justified in rejecting IA No.21. He submits that for the purpose of identification of the properties in dispute, a report by the Court Commissioner would be helpful to all the parties in the suit. He submits that whenever oral and documentary evidence placed on record are not sufficient to properly and effectively adjudicate the dispute, in normal circumstances, the Courts should appoint a Court Commissioner.

5. Per contra, learned counsel for the respondents submits that in the application filed under Order XXVI Rule 9 read with Section 151 of CPC, a prayer is made not only to appoint a Court Commissioner for the purpose of conducting survey of the suit schedule properties but also to fix the boundar