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2026 Supreme(Online)(Kar) 23851

THE HIGH COURT OF KARNATAKA
Geetha K.B., J
Shankar – Appellant
Versus
Annappa – Respondent
REGULAR SECOND APPEAL NO. 100253 OF 2026

Advocates:
For the Appellants/Petitioners: Santosh Mane, Neelendra D. Gunde
For the Respondents: Santosh B. Malligwad, Prashant Mathapati, Sunanda P. Patil

A Commissioner's report in final decree proceedings acts as a proposal for the Court's consideration; the Court's ultimate acceptance of such a report, after allowing parties an opportunity to contest it, satisfies the requirement for the Court to effect partition under Section 54 of the CPC.

Headnote:(A) Code of Civil Procedure, 1908 - Section 54 - Final Decree Proceedings - Partition - Court Commissioner’s report - Allegation that Commissioner, instead of Court, allotted shares to parties - Report of Commissioner serves only as a proposal for the Court - Court has the ultimate authority to accept, reject, or modify the proposal - Where Appellants fail to contest the factual division before the Trial Court and engage in dilatory tactics, the technical challenge raised for the first time in Second Appeal is rejected. (Paras 2, 13, 18, 23, 25)

Facts of the case:
The litigation originated in 1990. In the Final Decree Proceedings, a Commissioner (Taluka Surveyor) was appointed to divide suit properties. The Commissioner demarcated three shares and proposed allotments to different branches. The Trial Court accepted the report, which was affirmed by the First Appellate Court. Appellants contended that the delegation of partition work to a Surveyor violated Section 54 of the CPC.

Findings of Court:
The Court held that the Commissioner’s report acts merely as a proposal. The final allotment is the domain of the Court, which performed its duty by verifying the report and formalizing the decree. Appellants were found to be prolonging the litigation without raising valid objections at the appropriate stage.

Issues: Whether the Commissioner’s report and the Trial Court’s acceptance of it were in violation of Section 54 of the CPC regarding the mode of partition and allotment of shares.

Ratio Decidendi: Though the law requires the Court to effect partition, the assistance of a revenue official or commissioner is permissible for demarcation. As long as the Court validates the proposal and retains the power to modify it, there is no abdication of judicial duty.

Result: Appeal dismissed.

Table of Content
1. court’s role and commissioner’s scope in partition under cpc. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. legal precedents regarding commissioner reports and delegation of powers. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. finality of partition proceedings and rejection of dilatory arguments. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26)

BETWEEN:

SRI. SHANKAR S/O. BHIMAPPA SANADI @ KANKANWADI,

SINCE DIED BY HIS LRS

1A. SMT. SONAWWA W/O. SHANKAR SANADI,

SINCE DIED BY HIS LRS

1. SRI. MAHADEV

S/O. SHANKAR SANADI @ KANKANWADI,

AGE: 50 YEARS, OCC: DRIVER,

R/O. NIDASOSHI, TQ: HUKKERI-591009,

DIST: BELAGAVI.

2. SRI. ASHOK

S/O. SHANKAR SANADI @ KANKANWADI,

AGE: 45 YEARS, OCC: AGRICULTURE,

R/O. NIDASOSHI, TQ: HUKKERI-591009,

DIST: BELAGAVI.

3. SMT. SHOBHA

W/O. SURESH SANKPAL,

AGE: 45 YEARS, OCC: HOUSEHOLD WORK,

R/O. KESTI, TQ: HUKKERI-591009,

DIST: BELAGAVI.

SRI. SHIVAMURTHY

S/O. BHIMAPPA SANADI KANKANWADI,

SINCE DIED BY HIS LR’S.

4. SMT. GOURAWWA

W/O. SHIVAMURTHY SANADI @ KANKANWADI,

AGE: 70 YEARS, OCC: HOUSEHOLD,

R/O. NIDASOSHI, TQ: HUKKERI-591009,

DIST: BELAGAVI.

5. SRI. SANJU

S/O. SHIVAMURTHY SANADI @ KANKANWADI,

AGE: 50 YEARS, OCC: AGRICULTURE,

R/O. NIDASOSHI, TQ: HUKKERI-591009,

DIST: BELAGAVI.

6. SRI. SHIVAPPA

S/O. BHIMAPPA SANADI @ KANKANWADI,

AGE: 75 YEARS, OCC: AGRICULTURE,

R/O. NIDASOSHI, TQ: HUKKERI-591009,

DIST: BELAGAVI.

7. SRI. DUNDAPPA

S/O. BHIMAPPA SANADI @ KANKANWADI,

AGE: 73 YEARS, OCC: AGRICULTURE,

R/O. NIDASOSHI, TQ: HUKKERI-591009,

DIST: BELAGAVI.

8. ADIVEPPA S/O. BHIMAPPA SANADI @ KANKANWADI,

AGE: 70 YEARS, OCC: AGRICULTURE,

R/O. NIDASOSHI, TQ: HUKKERI-591009,

DIST: BELAGAVI.

…APPELLANTS

(BY SRI. SANTOSH MANE, ADVOCATE FOR

SRI. NEELENDRA D. GUNDE, ADVOCATE)

AND:

SHRI ANNAPPA

S/O. RAMAPPA KANKANWADI @ SANADI,

SINCE DIED BY HIS LR’S

1. SHRI SHIVARAJ

S/O. BASSAPPA KANKANWADI @ SANADI,

AGE: 25 YEARS, OCC: AGRICULTURE 591201,

R/O. KALLOL, TQ: CHIKKODI,

DIST: BELAGAVI.

2. SMT. DEEPA W/O. SHIVARAJ PATIL,

AGE: 35 YEARS, OCC: HOUSE HOLD,

R/O:- GADAHINGLAJ-416501,

DIST: KOLHAPUR, STATE: MAHARASHTRA.

3. SMT. GOURAWWA W/O. LAGAMANNA MAJAGE,

AGE: 60 YEARS, OCC: HH,

R/O. NILAJAGI-416501,

TQ: GADAHINGLAJ, DIST: KOLHAPUR.

4. SMT. GANGAWWA D/O. APPANNA KANKANWADI,

AGE: 55 YEARS, OCC: HOUSE HOLD,

R/O. NIDASOSI-591009,

TQ: HUKKERI, DIST: BELAGAVI.

5. SHRI DUNDAPPA

S/O. NIJAPPA KANKANWADI @ SANADI,

AGE: 70 YEARS, OCC:- AGRICULTURE,

R/O. NIDASOSI-591009,

A/P. MUTAGA, DIST: BELAGAVI.

SHRI GURULING

S/O. NIJAPPA KANKANWADI @ SANADI SINCE

DECEASED BY HIS (LEGAL HEIRS)

6. SRI. MARUTI

S/O. GURULING KANKANWADI @ SANADI,

AGE: 50 YEARS, OCCU: AGRICULTURE,

R/O: NIDASOSI, TALUKA: HUKKERI-591009,

DIST: BELAGAVI-591236

7. SHRI DURDUNDI

S/O. GURULING KANKANWADI @ SANADI,

AGE: 40 YEARS, OCCU: AGRICULTURE 591009

R/O: NIDASOSI, TALUKA: HUKKERI,

DIST: BELAGAVI-591236.

8. SMT. AVVAKKA W/O. BHARAMA GARGOTI,

AGE: 53 YEARS, OCCU: HOUSHOLD WORK,

R/O: KESTI, TALUKA: HUKKERI-591009,

DIST: BELAGAVI.

9. SMT. MAHADEVI

D/O GURULING KANKANWADI @ SANADI,

AGE: 35 YEARS, OCCU: HOUSEHOLD WORK,

R/O: NIDASOSI, TALUKA: HUKKERI-591009,

DIST: BELAGAVI-591236.

SMT. SONAWWA W/O. MARUTI KARAJAGI,

SINCE DIED BY HER LRS

SMT. LAKSHMAWWA W/O. APPASAHEB DHUBALE,

SINCE DIED BY HER LRS

SRI. SANTOSH S/O. APPASAB DHUBALE,

SINCE DECEASED LEFT WITH NO LEGAL HEIRS

SHRI ISHWAR

S/O. BHIMAPPA SANADI @ KANKANWADI,

SINCE DIED BY HIS LRS

10. SMT. MEENAKSHI

W/O. ISHWAR SANADI @ KANKANWADI,

AGE: 40 YEARS, OCC: AGRICULTURE/HH,

R/O. GHATAPRABHA, TQ: GOKAK-591306,

DIST: BELAGAVI.

11. PRIYANKA D/O. ISHWAR SANADI @ KANKANWADI,

AGE: 22 YEARS, OCC: STUDENT,

R/O. GHATAPRABHA-591306,

TQ: GOKAK, DIST: BELAGAVI.

12. SRI. PRASHANT

S/O. ISHWAR SANADI @ KANKANWADI,

AGE: 20 YEARS, OCC: STUDENT, 591306

R/O. GHATAPRABHA, TQ: GOKAK, DIST: BELAGAVI.

SMT. SHARAWWA W/O. BABU UMARANI,

SINCE DIED BY HER LRS (LEGAL HEIR)

13. SHRI RAMACHANDRA S/O. BABU UMARANI,

AGE: 75 YEARS, OCC: AGRICULTURE,

R/O: NANADI, TQ: CHIKKODI, DIST: BELAGAVI.

14. SHRI MAHADEV S/O. BABU UMARANI,

AGE: 73 YEARS, OCC: AGRICULTURE,

R/O. NANADI, TQ: CHIKKODI-591201,

DIST: BELAGAVI.

SMT. SUGANDHA W/O. MAHADEV PATIL,

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2026 Supreme(Online)(Kar) 23851

THE HIGH COURT OF KARNATAKAGeetha K.B., JShankar – AppellantVersusAnnappa – RespondentREGULAR SECOND APPEAL NO. 100253 OF 2026

A Commissioner's report in final decree proceedings acts as a proposal for the Court's consideration; the Court's ultimate acceptance of such a report, after allowing parties an opportunity to contest it, satisfies the requirement for the Court to effect partition under Section 54 of the CPC.

THE HIGH COURT OF KARNATAKA
Geetha K.B., J
Shankar – Appellant
Versus
Annappa – Respondent
REGULAR SECOND APPEAL NO. 100253 OF 2026