- 1 - NC: 2025:KHC:12188 WP No. 36151 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 36151 OF 2024 (GM-CPC) BETWEEN: 1. SRI C L CHANNEGOWDA S/O LATE LAKKEGOWDA AGED ABOUT 68 YEARS AGRICULTURIST R/AT CHITTENAHALLY VILLAGE KASABA HOBLI PERIYAPATNA TALUK MYSURU-571107. 2. SRI JAGADEESHA S/O LATE MUDLEGOWDA AGED ABOUT 40 YEARS AGRICULTURIST R/AT BELATHURU VILLAGE KASABA HOBLI, PERIYAPATNA TALUK MYSURU DISTRICT-571107. 3. SMT. GOWRAMMA W/O LATE VENKATESH AGED ABOUT 66 YEARS HOUSE WIFE R/AT DODDAKADANURU VILLAGE KONANURU HOBLI ARAKALAGUDU TALUK HASSAN DISTRICT-573102. …PETITIONERS (BY SRI. RUDRAPPA P., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12188 WP No. 36151 of 2024 AND: 1. SMT KADAMMA W/O LAKKEGOWDA AGED ABOUT 88 YEARS HOUSE WIFE R/AT THELAGINAKUPPE RAVANDUR HOBLI PERIYAPATNA TALUK MYSURU DISTRICT-571107 REP BY SPA HOLDER T R VENKATESHA S/O LATE RAJEGOWDA OCC: AGRICULTURIST R/AT THELAGINAKUPPE RAVANDUR HOBLI PERIYAPATANA TALUK MYSURU DISTRICT-571107. 2. SMT. KENGAMMA (DEAD) W/O LATE LAKKEGOWDA SRI. C L RAJEGOWDA S/O LATE LAKKEGOWDA AGRICULTURIST CHITTENAHALLY VILLAGE KASABA HOBLI, PERIYAPATNA TALUK MYSURU-571107. 3. SRI NAGARAJU S/O C L RAJEGOWDA AGED ABOUT 48 YEARS AGRICULTURIST 4. C R GANESH S/O C L RAJEGOWDA AGED ABOUT 43 YEARS - 3 - NC: 2025:KHC:12188 WP No. 36151 of 2024 R3 & R4 ARE R/AT CHITTENAHALLY VILLAGE KASABA HOBLI PERIYAPATNA TLAUK MYSURU-571107. …RESPONDENTS (BY SRI. ROOPESHA B., ADVOCATE FOR R1: NOTICE TO R2 & R3 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 09/12/2024 (PRODUCED AT ANNEXURE-H) PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT PERIYAPATNA IN FDP NO. 3/2016, DISMISSING THE APPLICATION MADE BY THE PETITIONERS UNDER SECTION 151 OF CPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by respondent Nos.3, 4 and 7 in FDP No.3/2016, under Article 227 of the Constitution of India, challenging the order dated 09.12.2024 passed by the Senior Civil Judge and JMFC, Periyapatna, whereby the application filed by the petitioner under Section 151 has been dismissed. 2. The first respondent herein filed a suit for partition. The suit has been decreed. A preliminary decree has been passed on 25.04.2015 for partition of the suit schedule - 4 - NC: 2025:KHC:12188 WP No. 36151 of 2024 property. It has been confirmed in R.A.Nos.453/2014 and 487/2014, against that, regular first appeal is pending before this Court for consideration. In the meantime, the plaintiff filed final decree proceedings in FDP No.3/2016. To execute the decree, the court has appointed a Commissioner. The Commissioner has submitted a report. Before accepting the report, when the matter was posted for hearing on Court Commissioner’s report, the petitioner herein filed IA No.24 under Section 151 of CPC seeking permission to examine the Court Commissioner. Since the court has not yet accepted the Court Commissioner’s report, at that stage, the application filed by the petitioners to summon the Court Commissioner to examine cannot be accepted. Therefore, the trial court has rightly rejected the application. 3. There is no error or illegality in the order passed by the trial court. If the Court Commissioner’s report is accepted, liberty is reserved to the petitioners to file necessary application. If such an application is filed, the - 5 - NC: 2025:KHC:12188 WP No. 36151 of 2024 trial court is directed to consider the same, in accordance with law. 4. At this stage, learned counsel for the respondents submits that the final decree proceedings is of the year 2016 and requests for speedy disposal. 5. In view of the above, the trial court is directed to dispose of the matter as expeditiously as possible. 6. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 29