- 1 - NC: 2025:KHC:9064 WP No. 23341 of 2024 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. 23341 OF 2024 (GM-CPC) BETWEEN: SRI THIMMEGOWDA S/O LATE SRI NARASIMHEGOWDA AGED ABOUT 94 YEARS RESIDING AT DOOR NO.148 KSR ROAD,METAGALLI MYSURU-570016. …PETITIONER (BY SRI. AJITH KALYAN., ADVOCATE) AND: 1. SRI CHELUVEGOWDA S/O LATE SRI NARASIMHEGOWDA AGED ABOUT 80 YEARS RESIDING AT DOOR NO.109 HOSABEEDI KUMBARAKOPPAL MYSURU-570016. 2. SRI JAVAREGOWDA S/O LATE SRI NARASIMHEGOWDA AGED ABOUT 70 YEARS R/AT DOOR NO.1, HOSABEEDI KUMBARAKOPPAL, MYSURU-570016. 3. SRI VENKATARAMU @ VENKATARAMEGOWDA S/O LATE SRI NARASIMHEGOWDA AGED ABOUT 83 YEARS RESIDING AT DOOR NO.108 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9064 WP No. 23341 of 2024 HOSABEEDI KUMBARAKOPPAL MYSURU-570016. 4. SRI. JAYARAM S/O LATE SRI CHALUVEGOWDA AGED ABOUT 84 YEARS RESIDING AT NO.9 ‘R’ BLOCK FORT ROAD, KUMBARAKOPPAL MYSORE-570016. 5. SRI. KRISHNA AGED ABOUT 63 YEARS R/AT NO.9, ‘Q’ BLOCK FORT ROAD, KUMBARAKOPPAL MYSURU-570016. …RESPONDENTS (BY SRI. AJIT P B., ADVOCATE FOR R1 & R3: SRI. S RUPESH KUMAR, ADVOCATE FOR R2: NOTICE TO R4 IS DISPENSED WITH V/O DATED: 03.03.2025 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 24.06.2024 PRODUCED AS ANNEXURE-A PASSED ON THE APPLICATION IN FDP NO. 8/2020 ON IA FILED UNDER ORDER 26 RULE 13 R/W SECTION 54 OF CPC, PRESENTLY PENDING FOR ADJUDICATION BEFORE THE HON’BLE JUDGE OF ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9064 WP No. 23341 of 2024 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 challenging the order dated 24.06.2024 passed by the Additional Small Causes and Civil Judge, Mysuru, on application filed under Order 26 Rule 13 read with Section 54 of CPC in FDP No.8/2020, whereby the City Surveyor of the Mysuru has been appointed as Court Commissioner to prepare sketch and submit report for partitioning the suit schedule property. 2. The plaintiff filed O.S.No.929/2007 for partition and separate possession. Primary decree has been drawn on 29.02.2020. Pursuant to that, final decree proceeding has been initiated in FDP 8/2020. On an application filed by the plaintiff under Order 26 Rule 13 of CPC, the Trial Court vide order dated 24.06.2024 has appointed the City Surveyor, Mysuru, as Court Commissioner to prepare sketch and submit report for partitioning the suit schedule - 4 - NC: 2025:KHC:9064 WP No. 23341 of 2024 property. Being aggrieved by the same, the petitioner is before this Court. 3. In the meantime, the City Surveyor has submitted the report. As per Section 54 of CPC, when the decree is for partition, the Court can appoint a Surveyor not below the rank of Tahsildar or such other person as the Court Commissioner in that behalf. 4. In the case on hand, the property is situated in Mysuru. The City Surveyor, Mysuru has been appointed as Court Commissioner in terms of Section 54 of CPC. Therefore, the Trial Court has rightly allowed the application. 5. Viewed from any angle, there is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. - 5 - NC: 2025:KHC:9064 WP No. 23341 of 2024 6. However, it is made clear that the petitioner is at liberty to file objections to the report of the Commissioner. If such objections are filed, FDP Court is directed to consider the same in accordance with law. 7. With the above observation, the writ petition is disposed of. 8. All pending I.As. in this writ petition, if any, are dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 53