- 1 - HC-KAR NC: 2025:KHC:41549 WP No. 12247 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 12247 OF 2019 (GM-CPC) BETWEEN: SMT. BHAGYALAKSHMI R. AGED ABOUT 40 YEARS, W/O K.T.RAMANNA & LATE LAKSHMIDEVAMMA NO. 17/1, 5TH A CROSS BAHUBALI NAGAR, JALAHALLI BANGALORE - 560 013. …PETITIONER (BY SRI SHIVARAMU H.C, ADV.) AND: 1. RAJATHURAI S. C. AGED ABOUT 64 YEARS, S/O LATE CHELLAM NADAR NO.18/A, 5TH A CROSS, BABUBALI NAGAR, JALAHALLI, BANGALORE - 560 013. 2. THE COMMISSIONER B.B.M.P. N.R.SQUARE, HUDSON CIRCLE, BANGALORE - 560 001. 3. THE EXECUTIVE ENGINEER B.B.M.P. RAJARAJESHWARINAGAR DVN. NEAR J.P.PARK, BESIDE CHOWDESHWARI BUS STOP, BANGALORE - 560 054. 4. THE ASST. EXECUTIVE ENGINEER B.B.M.P. YESHWANTHAPURA SUB DVN B.B.M.P. 2ND FLOOR, COMMERCIAL COMPLEX YESHWANTHAPURA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41549 WP No. 12247 of 2019 BANGALORE - 560 022. …RESPONDENTS (BY SRI S.G. LOKESH, ADV., FOR R-1; SMT. M.C. NAGASHREE, ADV., FOR R-2 TO R-4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE ORDER ON I.A.14 DATED 14.2.2019, PASSED BY THE LIX ADDL. CITY CIVIL & SESSIONS JUDGE (CCH NO.60), BANGALORE, IN O.S.NO.8045/2015 AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant no.1 is before this Court under Articles 226 and 227 of the Constitution of India with a prayer to set aside the order dated 14.02.2019 passed on IA No.XIV in O.S. No.8045 of 2015 by the Court of LIX Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned counsel appearing for the parties. 3. Respondent no.1 herein has filed O.S.No.8045 of 2015 before the jurisdictional Civil Court at Bangalore seeking relief of permanent injunction and mandatory injunction. In the said suit, after the Court had recorded the evidence of both the parties, IA No.XIV was filed by the plaintiff under Order XXVI - 3 - HC-KAR NC: 2025:KHC:41549 WP No. 12247 of 2019 Rule 9 of CPC for appointment of Commissioner for inspection and measurement of his property and also the property of defendant no.1 to decide the issue raised in respect of suit schedule 'B' property. The said application was opposed by defendant no.1 by filing objection. The trial Court, vide the order impugned has allowed the application and has appointed the Assistant Executive Engineer BBMP, Yeshwanthpura Sub- Division as the Court Commissioner. Assailing the said order, the defendant no.1 is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that an attempt is made by the plaintiff to collect evidence by nature of commissioner's report. He submits that possession of the respective property of the plaintiff and defendant no.1 is not in dispute. If that is so, there was no necessity for the trial Court to allow I.A.No.XIV. This application is filed only with the intention to protract the proceedings. Accordingly he prays to allow the petition. 5. Per contra, learned counsel appearing for the respondents has argued in support of the order impugned and - 4 - HC-KAR NC: 2025:KHC:41549 WP No. 12247 of 2019 submits that trial Court has specifically observed that based on the oral and documentary evidence available on the record, it would not be possible to ascertain whether suit schedule 'B' property is part of the plaintiff's property or the defendant no.1's property. It is under these circumstances, for the purpose of assisting the trial Court for proper adjudication of the dispute between the parties, the Court Commissioner has been appointed. Accordingly, he prays to dismiss the petition. 6. It is trite that in a suit which is filed alleging encroachment or in a suit where the identity of the property is in dispute, in normal circumstances, prayer made by the parties to appoint a Court commissioner to inspect the property and measure the property and thereafter file a report needs to be allowed. In the case on hand, there is no dispute with regard to the identity of the property of the plaintiff and the property of the defendant no.1. Both the properties are adjoining to each other and construction is put up by the parties in their respective properties. The dispute is with regard to Schedule 'B' property measuring east-west 2 feet and south-north 45 feet, which is said to be in existence between the property of the - 5 - HC-KAR NC: 2025:KHC:41549 WP No. 12247 of 2019 plaintiff and the defendant no.1. The trial Court has clearly expressed that based on the oral and documentary evidence placed on the court, It is not possible to ascertain whether Schedule 'B' property is part of Schedule 'A' property or is part of the property owned by defendant no.1, which is said to be towards the western side of the property of the plaintiff. It is under these circumstances, the trial Court has appointed the Assistant Executive Engineer of the BBMP, Yeshwanthpur Sub- Division as Court Commissioner for the purpose of measuring the property of the plaintiff and defendant no.1 and thereafter file a report whether the plaintiff or the defendants have left set back or both of them have not left any set back. The commissioner is also directed to report the area of encroachment, if any, by either of the parties. Since the appointment of court commissioner is just and necessary in the present case, I am of the opinion that the trial Court was fully justified in allowing I.A.No.XIV and the said order does not suffer from any infirmity or illegality, which calls for interference at the hands of this Court. Therefore, I do not find any merit in this petition. - 6 - HC-KAR NC: 2025:KHC:41549 WP No. 12247 of 2019 7. Accordingly, the petition is dismissed. 8. Since the suit is of the year 2015, the trial Court shall make endeavour to dispose of the same as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 24