- 1 - HC-KAR NC: 2025:KHC:20299 WP No. 16414 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16414 OF 2025 (GM-CPC) BETWEEN: SRI. M. VENKATESH, S/O LATE. MUNIYALLAPPA, AGED ABOUT 48 YEARS, R/AT NEAR ANJANEYA TEMPLE, HARIJANA COLONY, DEVARACHIKKANAHALLI, B.G. ROAD, BENGALURU - 560 076. …PETITIONER (BY SRI. ANANDA K., ADVOCATE) AND: SMT. SUNDARA W/O M. ANANTHA RAJU, AGED ABOUT 61 YEARS, RESIDING AT NO. 513/A, 1ST CROSS, TANK BED AREA, MARENAHALLI, J.P.NAGAR 2ND PHASE, BENGALURU - 560 078. …RESPONDENT (BY SRI. G.B. NANDISH GOWDA, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERUSE THE SAME AND SET ASIDE THE ORDER Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20299 WP No. 16414 of 2025 DATED 17.04.2025 PASSED ON IA IN OS NO. 9207/2014 BY THE XXIV ADDL CITY CIVIL AND SESSION JUDGE BENGALURU CCH-6 AT ANNX-R AND ALLOW IA FILED UNDER SECTION 151 OF THE CPC INOS NO. 9207/2014 FILED BY THE PETITIONER AT ANNX-P BY ALLOWING THIS WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Ananda K., learned counsel appearing for the petitioner, Sri. G.B. Nandish Gowda, learned counsel appearing for the caveator/respondent and have perused the material on record. 2. The petitioner is before this Court calling in question an order passed on an application filed by the petitioner under Section 151 of the C.P.C., seeking acceptance or rejection of the report of the Commissioner. The order that is passed by the concerned Court, is as follows: "Accordingly, I proceed to pass the following: ORDER - 3 - HC-KAR NC: 2025:KHC:20299 WP No. 16414 of 2025 IA u/s.151 C.P.C filed on behalf of plaintiff is hereby disposed off accordingly. It is held that as the Court Commissioner report in the present case needs to be considered along with the available materials, oral and documentary evidence placed on record by both the parties, same will be considered along with the merits of the case." 3. After detailed discussion with regard to the appointment of the Commissioner for the purpose of identification of the property, the concerned Court passes an order holding that on the evidence and available material, the Commissioner's report would be considered along with the merit of the matter. 4. The learned counsel appearing for the petitioner is before this Court on the contention that the matter would be posted for its judgment without considering whether the Commissioner's report is correct or otherwise. Therefore, serious prejudice would ensue to the petitioner. 5. The submission is noted only to be rejected, as the Court has not passed any order finding a defect in the - 4 - HC-KAR NC: 2025:KHC:20299 WP No. 16414 of 2025 Commissioner's report and has only considered that it would be noted while considering the case on its merit. 6. Therefore, in the event the matter is posted for judgment without passing an order on Commissioner's report, the petitioner is at liberty to approach the appropriate fora in appropriate proceedings. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 11 CT: BHK