IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.12428 OF 2020 (GM-CPC)

BETWEEN:

P N MANJUNATH AGED ABOUT 48 YEARS S/O LATE B.A.NATARAJ PRESENTLY RESIDING AT NANDIGUNDA VILLAGE, SHANIVARASANTHE HOBLI, SOMWARPET TALUK, KODAGU DISTRICT-571235 EMPLOYED AS PLANTER.

...PETITIONER (BY SMT SINDHU V, ADVOCATE)

AND:

1 . SHANIVARASANTHE GRAMA PANCHAYATH REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER SHANIVARASANTHE, SOMWARPET TALUK, KODAGU DISTRICT-571235.

2 . THE PRESIDENT SHANIVARASANTHE GRAMA PANCHAYATH SHANIVARASANTHE, SOMWARPET TALUK, KODAGU DISTRICT-571235.

3 . PANCHAYATH DEVELOPMENT OFFICER SHANIVARASANTHE GRAMA PANCHAYATH SHANIVARASANTHE HOBLI SOMWARPET TALUK, KODAGU DISTRICT-571235.

…RESPONDENTS (BY SRI M.N.MADHUSUDHAN, ADVOCATE FOR R-1 AND R-3;

R2 – SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1908, PRAYING TO CALL FOR THE RECORDS OF O.S.NO.09/2017 PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, SOMVARPET, KODAGU AND SET ASIDE THE ORDER DATED MARCH 4, 2020 AT ANNEXURE-A PASSED IN IA NO.3 IN O.S.NO.9/2017 BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, SOMVARPET KODAGU AND ALLOW THE PRAYER IN IA NO.3 AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 20.08.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

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

CAV ORDER

This writ petition is filed under Articles 226 and 227 of the Constitution of India seeking to issue writ of certiorari, to set aside Order dated 04.03.2020 in O.S.No.9/2017, on IA No.3 passed by the Senior Civil Judge at Somwarpet (hereinafter referred to as ‘the trial Court’ for short).

2. The petitioner herein is the plaintiff before the trial Court and respondents herein are the defendants before the trial Court.

3. The plaintiff has filed IA No.3 filed under Order XXVI Rule

9 read with Rule 10-A and Section 75 of the Code of Civil Procedure, 1908, seeking appointment of a Court Commissioner to conduct a local investigation of the suit schedule property described in O.S.No.9/2017.

4. The plaintiff has filed IA No.3 in O.S.No.9/2017, to appoint any advocate of the Somwarpet Bar Association as Court Commissioner, to investigate and survey the suit schedule property to aid the Court in resolving the matter.

5. The brief facts of the case are as under:

The petitioner herein instituted O.S.No.9/2017 in respect of the suit schedule property measuring 0.50 acres (50 cents) being a redeemed mane dala bearing Sy.No.116 situated at Hemmane Village, Shanivarasanthe Hobli, Somwarpet Taluk, Kodagu District. The said land was originally granted in favour of the petitioner’s mother, Smt.Saraswathy, by the Tahsildar of Somwarpet Taluk by Order No.LND/610/68-69 dated 21.10.1969, whereupon the land was surveyed and bifurcated from the original survey number and assigned new survey No. 116/11; a Saguvalli Chit was issued in favour of Smt.Saraswathy, and subsequently Patta Book and Khata were issued to her, and she was in absolute possession and enjoyment of the suit schedule property.

The registered Gift Deed dated 16.07.2013 (Document No.

826/2013-14 in Book No. 1 at the Sub-Registrar’s office, Somwarpet, Kodagu District) was executed by Smt.Saraswathy conveying the said property to the petitioner, and thereafter Deed of Rectification dated 05.12.2013 (Document No. 1747/2013-14 in Book No. 1 at the Sub-Registrar’s office, Somwarpet) was executed to rectify the Gift Deed; pursuant thereto the petitioner obtained transfer of Khata and change of name in the revenue records and became the absolute owner in possession and enjoyment of the suit schedule property.

6. It is further submitted that on 24.01.2014 respondent No.3, namely the P.D.O. of the Shanivarasanthe Grama Panchayat, interfered with the petitioner’s possession of the suit schedule property, whereupon the petitioner issued a cease and desis