- 1 - NC: 2025:KHC:7284 WP No. 242 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 242 OF 2025 (GM-CPC) BETWEEN: 1. SMT. VASANTHAMMA W/O KUMAR AGED ABOUT 56 YEARS 2. SRI RAGHU S/O KUMAR AGED ABOUT 29 YEARS 3. SRI PRABHU S/O KUMAR AGED ABOUT 30 YEARS 4. SRI JOHN CARLO S/O CARLO AGED ABOUT 49 YEARS 5. SRI GANESH S/O THANGAVELU AGED ABOUT 59 YEARS 6. SMT SWAMY S/O PONNA SWAMY AGED ABOUT 56 YEARS 7. SMT SUSHILAMMA W/O MANJUNATHA Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7284 WP No. 242 of 2025 AGED ABOUT 46 YEARS 8. SRI GOVINDA SAWAMY S/O CHINNA SWAMY AGED ABOUT 46 YEARS 9. SRI BABU P K S/O KUNJU PILLA AGED ABOUT 57 YEARS 10. SMT JAYAMMA W/O CHINNARAJU AGED ABOUT 66 YEARS ALL ARE RESIDENTS OF HIREKOLALE ROAD, UPPALLI CHIKMAGALUR 577101. …PETITIONERS (BY SRI. RAVIKUMAR N R.,ADVOCATE) AND: 1. SRI C M MEER LIAKHAT ALI S/O C M MEER DAWOOD AGED ABOUT 64 YEARS COFFE PLANTER AND BUSINESS MAN R/O UPPALLI ROAD CHIKMAGALUR CITY CHIKMAGALURU TALUK-577101. 2. SRI ABDUL REHAMAN S/O ABDUL KARIM AGED ABOUT 46 YEARS R/O HIREKOLALE ROAD, UPPALLI CHIKMAGALURU TALUK-577101 …RESPONDENTS (BY SRI. NAVEEN J N.,ADVOCATE FOR R1: NOTICE TO R2 IS DISPENSED WITH V/O ORDER DATED: 09.01.2025) - 3 - NC: 2025:KHC:7284 WP No. 242 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 07.12.2024 (ANNEXURE- A) ORDER PASSED ON I.A.NO. 10 FILED BY THE APPLICANTS / PETITIONERS UNDER ORDER XXVI RULE-9 OF CPC IN EX.NO. 68/2024 BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM CHIKMAGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the judgment debtors under Article 227 of the Constitution of India, challenging the order dated 07.12.2024 passed on IA No.10 filed under Order XXVI Rule 9 of CPC in Ex.No.68/2024 by the Principal Senior Civil Judge and CJM, Chikkamagaluru, whereby the application for appointment of Taluk Surveyor has been rejected. 2. The decree holder filed a suit for declaration and possession. The suit came to be decreed by the judgment and decree dated 17.08.2017 in O.S.No.25/2016. The same has been affirmed by the Apex Court in SLP No.17583/2024. Thereafter, the decree holder filed an - 4 - NC: 2025:KHC:7284 WP No. 242 of 2025 execution petition in July 2024. In the said petition, the judgment debtors filed an application under Order XXVI Rule 9 of CPC seeking appointment of a Taluk Surveyor to identify the suit schedule properties before implementing the decree since, in the suit schedule properties, the boundaries are not clear. Even the Executing Court has directed the court bailiff to implement the order. On 09.01.2025 itself, the court bailiff gave a reply that the property cannot be identified to execute the judgment and decree and a competent person has to be appointed to identify the property. 3. Under these circumstances, it is necessary to appoint a Taluk Surveyor to identify the suit schedule properties to execute the judgment and decree. 4. In view of the reasons stated above, the following order is passed: (i) This writ petition is allowed. (ii) The order dated 07.12.2024 passed by the trial court on IA No.10 in Ex.No.68/2024 by - 5 - NC: 2025:KHC:7284 WP No. 242 of 2025 the Principal Senior Civil Judge and CJM, Chikkamagaluru is set aside. (iii) IA No.10 filed under Order XXVI Rule 9 of CPC is allowed. (iv) The executing court is directed to obtain the report of the Taluk Surveyor within one month from the date of communication of this order and proceed to execute the judgment and decree. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 43