- 1 - NC: 2025:KHC:2361 WP No. 35200 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35200 OF 2024 (GM-CPC) BETWEEN: THE HEART OF JESUS SOCIETY, SOCIETY REGISTERED UNDER SOCIETY ACT, HAVING ITS OFFICE IN SY. NO. 26, AMBALIPURA, SARJAPURA MAIN ROAD, BENGALURU-560 103. REP. BY AUTHORISED PERSON (TREASURER), FR. JOSEPH PAULRAJ. …PETITIONER (BY SRI ASHOK PATIL, ADVOCATE) AND: SRI G DAYANANDA REDDY, S/O. LATE V. GOVINDA REDDY, AGED ABOUT 57 YEARS, R/AT NO. 125, AMBALIPURA, SARJAPURA ROAD, (BEHIND TRINITY HOODS) BENGALURU-560 103. …RESPONDENT (BY SRI G.V CHANDRASHEKAR, SENIOR ADVOCATE FOR SMT. K SUMA, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER AT ANNEXURE-A, ON I.A.NO.1 DATED. 30.11.2024 PASSED BY THE XVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-16), IN EXECUTION NO. 279/2024 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2361 WP No. 35200 of 2024 CONSEQUENTLY DISMISS THE IA NO.1 OF THE RESPONDENT 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 This petition is filed by the judgment debtor under Article 227 of the Constitution of India challenging the order dated 30.11.2024 passed by the XVII Additional City Civil and Sessions Judge, Bangalore in Ex. No. 279/2024 whereby I.A.3 filed by the petitioner - judgment debtor for appointment of Court Commissioner has been dismissed. 2. Respondent - plaintiff filed a suit for permanent injunction in O.S.No.1592/2017. The same came to be decreed by judgment and decree dated 14.10.2019. Being aggrieved by the same, petitioner - judgment debtor filed regular first appeal before this Court in R.F.A.No. 2137/2019. The same came to be dismissed on 20.07.2023 and the judgment and decree passed by the trial Court has attained finality. Pursuant to the same, - 3 - NC: 2025:KHC:2361 WP No. 35200 of 2024 since there was obstruction by the petitioner to put up compound wall by the respondent, respondent filed Execution Petition No.279/2024 and also filed I.A.1 under Section 151 of CPC seeking police protection to construct the compound wall. In the said Execution Petition, petitioner also filed I.A.3 under Order 26 Rule 9 read with Section 151 of CPC for appointment of Court Commissioner. The application of the respondent - decree holder came to be allowed and the application of the petitioner - judgment debtor came to be dismissed. Hence, the judgment debtor is before this Court. 3. Sri. Ashok Patil, learned counsel appearing for the petitioner contends that the respondent is trying to put up compound wall beyond the boundaries of the suit schedule property and therefore, appointment of Court Commissioner is necessary to identify the property. 4. Sri. G. V. Chandrashekar, learned Senior Counsel appearing for the respondent submits that the respondent intends to put up compound wall as per the - 4 - NC: 2025:KHC:2361 WP No. 35200 of 2024 findings of the trial Court and the First Appellate Court and the said construction is within the suit schedule property. 5. Be that as it may, the dispute between the parties is that petitioner is making an allegation that the respondent intends to put up compound wall beyond the boundaries mentioned in the suit schedule property and on the other hand, respondent submits that he is intending to construct compound wall in the suit schedule property as per the findings given by the trial Court as well as the First Appellate Court. 6. Under these circumstances, it is necessary to identify the property by appointing the Court Commissioner. Accordingly, the following: ORDER: (i) Order dated 30.11.2024 passed by the XVII Additional City Civil and Sessions Judge, Bangalore, in Ex. No. 279/2024 is set aside. (ii) The trial Court is directed to appoint Court Commissioner with an instruction to the Court - 5 - NC: 2025:KHC:2361 WP No. 35200 of 2024 Commissioner to submit a report whether the decree holder intends to put up compound wall within the suit schedule property and in terms of the findings given by the trial Court and the First Appellate Court. (iii) On the basis of the report to be submitted by the Court Commissioner, the trial Court to pass an order in the execution petition. With the above observations, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE VP