- 1 - NC: 2025:KHC:15929 WP No. 28658 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28658 OF 2024 (GM-CPC) BETWEEN: 1. SMT SUBBAMMA W/O LATE D H HANUMANTHARAYAPPA SINCE DEAD BY HER LR’S VIJAYA BHASKAR @ VIJAY KUMAR S/O D H HANUMANTHARAYAPPA AGED ABOUT 47 YEARS 2. SUDHAKARA S/O D H HANUMANTHARAYAPPA AGED ABOUT 45 YEARS 3. PREMALATHA D/O D H HANUMANTHARAYAPPA AGED ABOUT 43 YEARS 4. D H MANJULA D/O D H HANUMANTHARAYAPPA AGED ABOUT 31 YEARS ALL ARE R/O DUVADABETTA VILLAGE NIDGAL HOBLI, PAVAGADA TALUK TUMKUR DISTRICT-572110. …PETITIONERS (BY SRI. VIJAYAPRAKASH B R., ADVOCATE) AND: 1. HANUMANTHARAYA S/O ERANNA AGED ABOUT 49 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15929 WP No. 28658 of 2024 2. SIDDALINGAPPA S/O LATE NAGAPPA AGED ABOUT 45 YEARS 3. ANJAIAH S/O MUTHYALAPPA AGED ABOUT 44 YEARS 4. MARAPPA S/O LATE DODDA HENJARAPPA AGED ABOUT 58 YEARS ALL ARE R/O DAVADABETTA VILLAGE NIDGAL HOBLI, PAVAGADA TALUK TUMKUR DIST 572101. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 23.07.2024 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC AT PAVAGADA, IN OS NO. 254/2015 ON IA NO. 18 FILED UNDER ORDER 26 RULE 9 OF CPC VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDE R 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 petitioners-plaintiffs challenging the order dated 23.07.2024 passed by the Additional Civil Judge and JMFC, Pavagada, on I.A.No.18 filed by the defendant No.4 under Order XXVI Rule 9 of - 3 - NC: 2025:KHC:15929 WP No. 28658 of 2024 CPC in O.S.No.254/2015, whereby the Trial Court has allowed the said application. 2. The plaintiffs filed the suit for bare injunction. On service of suit summons, the defendants appeared and filed written statement. On the basis of the pleadings of the parties, the Trial Court has framed issues. Thereafter, the matter has been set down for evidence of the parties. After completion of the evidence, defendant No.4 has filed I.A.No.18 under Order XXVI Rule 9 of CPC for appointment of the Surveyor to identify the location of the suit schedule property. The Trial Court, by impugned order, has allowed the said application. Being aggrieved by the said order, the present petition is filed. 3. Since defendant No.4 has disputed the measurement of the property of the plaintiff and has contended that the plaintiff has constructed her house without leaving any setback and try to encroach the land belongs to Sri Anjineya Swamy Temple. - 4 - NC: 2025:KHC:15929 WP No. 28658 of 2024 4. After going through the evidence of the parties, the Trial Court was of the opinion that for the limited purpose of determining the location of the suit schedule property and the land belonging to the Sri Anjineya Swamy Temple including the measurement of the suit schedule property, the appointment of the Surveyor is necessary and the same is helpful for the Trial Court to pass the judgment and decree. Therefore, the Trial Court has rightly allowed I.A.No.18 filed under Order XXVI Rule 9 of CPC. There is no error or illegality in the impugned order passed by the Trial Court. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 15