- 1 - NC: 2025:KHC:8972 WP No. 5245 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5245 OF 2025 (GM-CPC) BETWEEN: H.D. KARTHIKEYAN AGED ABOUT 51 YEARS S/O LATE H.L. DHRUVAKUMAR OPP SHIKSHAKARA BHAVANA 1738-B, JLB ROAD, HUNASURU MYSOORU DISTRICT-571105. …PETITIONER (BY SRI. G S PRASANNA KUMAR.,ADVOCATE) AND: 1. LAKSHMI AGED ABOUT 63 YEARS W/O LATE H.L. CHANDRASHEKAR 2. H.C. ANANDA RAGHAVA AGED ABOUT 45 YEARS S/O LATE H.L. CHANDRASHEKAR 3. MARGADAM AGED ABOUT 41 YEARS W/O LATE H.C. DINESH BABU R1 TO R3 ARE R/AT NO.1200 GANESH GUDI ROAD HUNASURU TOWN MYSOORU DISTRICT-571 105. 4. RAGHUPATHI V. RAO AGED ABOUT 55 YEARS S/O V. VISHWANATH 1331, OLD KANNIKAPARAMESHWARI Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8972 WP No. 5245 of 2025 TEMPLE ROAD, HUNASURU MYSOORU DISTRICT-571105. …RESPONDENTS (BY SRI.G BALAKRISHNA SHASTRY., ADVOCATE C/R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 17.01.2025 (ANNEXURE-E) PASSED BY THE LEARNED ADDL SR CIVIL AND JMFC HUNASURU DISMISSING IA -8 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff, challenging the order dated 17.01.2025 passed by the Learned Additional Senior Civil Judge and JMFC, Hunsur on I.A.No.VIII filed under Order XXVI Rule 9 read with Section 151 of CPC in O.S.No.131/2021, whereby the trial Court rejected the application. 2. The plaintiff has filed the suit for declaration and possession. During the pendency of the suit, he has filed I.A.No.VIII for appointment of Commission under Order XXVI Rule 9 read with Section 151 of CPC. The trial Court - 3 - NC: 2025:KHC:8972 WP No. 5245 of 2025 by order dated 17.01.2025 rejected the said application. Being aggrieved by the same, the present petition is filed. 3. Learned counsel for the petitioner-plaintiff has submitted that since the counsel appearing for the plaintiff did not argue on the application before the trial Court and was unable to assist the Court in disposing of the application properly, the application came to be rejected. Hence, he prays that plaintiff may be granted one more opportunity, and he assures that he will assist the Court without seeking any further adjournments in the matter. Therefore, he sought for allowing the writ petition. 4. Per contra, the learned counsel for the respondent- defendant has submitted that even though the learned counsel for the plaintiff did not address the argument on the application, the trial Court, based on the available documents on record, has considered the application and passed a well-considered order. Hence, he seeks the dismissal of the petition. - 4 - NC: 2025:KHC:8972 WP No. 5245 of 2025 5. Be that as it may, there is a reference in the order that the counsel for the plaintiff has not chosen to argue on the application. 6. In view of the above and in the interest of justice, in order to provide one more opportunity, the writ petition deserves to be allowed, subject to the condition that on the next date of hearing or on the day fixed by the trial Court, the plaintiff, without seeking any adjournment, has to argue on the application. Hence, I pass the following order: ORDER a) The writ petition is allowed. b) The order dated 17.01.2025 passed by the Learned Additional Senior Civil Judge and JMFC, Hunsur on I.A.No.VIII filed under Order XXVI Rule 9 read with Section 151 of CPC in O.S.No.131/2021, is hereby set aside. c) The petitioner-plaintiff is directed to argue on the application on the day fixed by the trial Court without seeking any adjournment in the matter. - 5 - NC: 2025:KHC:8972 WP No. 5245 of 2025 d) The trial Court is directed to reconsider the application and pass the appropriate order, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 11