- 1 - NC: 2025:KHC:13183 WP No. 12485 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 12485 OF 2024 (GM-CPC) BETWEEN: 1. K. LAKKAPPA SWAMY S/O LATE PUTTAPPA, AGED ABOUT 59 YEARS, OCC AGRICULTURIST R/AT BABBUR VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT 572 143 2. SMT. P ANUSUYAMMA W/O P D YOGARAJ AGED ABOUT 54 YEARS, OCC HOUSEWIFE R/AT GORLADAKU VILLAGE, K R HALLY POST, HIRIYUR TALUK CHITRADURGA DISTRICT 572 143 3. H J VINODA W/O LAKKAPPA SWAMY, AGED ABOUT 58 YEARS, OCC HOUSEWIFE, R/AT BABBUR VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT 572 143 …PETITIONERS (BY SRI. G BALAKRISHNA SHASTRY.,ADVOCATE) AND: 1. P.KUMARASWAMY S/O LATE PUTTAPPA AGED ABOUT 50 YEARS, OCC AGRICULTURIST Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13183 WP No. 12485 of 2024 R/AT BABBUR VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT 572 143 2. T REKHA W/O P KUMARA SWAMY, AGED ABOUT 39 YEARS, OCC HOUSEWIFE R/AT BABBUR VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT 572 143 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.01.2024 PASSED ON IA NOS. 3 TO 4 IN FDP 11/2019 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HIRIYUR VIDE ANNEXURE -A TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed calling in question the order dated 04.01.2024 passed on IA.Nos.3 and 4 in FDP.No.11/2019. 2. The OS.No.21/2008 filing for partition was decreed granting 1/3rd share to respondent No.1 /plaintiff. The said judgment and decree was affirmed in RA.No.28/2015 and is the subject matter in RSA.No.1203/2018. This Court in the said - 3 - NC: 2025:KHC:13183 WP No. 12485 of 2024 Second Appeal granted interim order restraining drawing up of final decree. 2. FDP.No.11/2019 is filed to draw final decree in terms of the judgment and decree passed in OS.No.21/2008. In the said final decree proceedings, the petitioners herein are arrayed as respondent Nos.1 to 3. 3. In the said final decree proceedings IA.Nos.3 and 4 is filed under Order 26 Rule 18 read with Section 54 of the Code Of Civil Procedure, 19081 by respondent No.1 /petitioner to appoint Court Commissioner to demarcate the 1/3rd share in the item Nos.5 to 8 properties. The Trial Court vide order dated 26.02.2021 allowed the said applications. Thereafter, vide order dated 04.01.2024 the Trial Court once again has passed an order allowing IA.Nos.3 and 4. Being aggrieved the present writ petition is filed. 4. It is vehement contention of leaned counsel for the petitioners that this Court in RSA.No.1203/20218 has ordered that no final decree is to be drawn in respect of item Nos.5 to 1 Hereinafter referred to ‘CPC’ - 4 - NC: 2025:KHC:13183 WP No. 12485 of 2024 8. Hence, the Trial Court ought not to have allowed the application for appointment of Court Commissioner. 5. As rightly noticed by the Trial Court, the order dated 25.03.2021 passed by this Court in RSA.No.1203/2018 is staying the drawing up of final decree. There is no impediment for the Trial Court to continue the final decree proceedings up to the stage of drawing up of the final decree. 6. In view of the aforementioned there is no error in the order of the Trial Court. 7. Hence, the writ petition is dismissed as being devoid of merit. Sd/- (C.M. POONACHA) JUDGE PNV - List No.: 1 Sl No.: 12