- 1 - HC-KAR NC: 2025:KHC:46573 WP No. 3604 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.3604 OF 2025 (GM-CPC) BETWEEN: SRI. DARSHAN H.R. S/O RAJANNA H.M., AGED ABOUT 25 YEARS, R/AT BEHIND ANNAPURNA THEATRE, VENKATESHWARA NAGARA, KADUR TALUK, KADUR, CHIKMAGALUR- 577 548. …PETITIONER (BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SRI. AKSHAY KUMAR JAIN, ADVOCATE) AND: 1. SRI. NANDISHA S/O MALLIKARJUNA, AGED ABOUT 40 YEARS, PANIPURI BUSINESS, INFRONT OF SBI BANK, K.M. ROAD, KADUR TOWN, KADUR TALUK, CHIKAMAGALUR - 577 548. 2. SRI. RAMESH FATHER'S NAME NOT KNOWN, AGED ABOUT 40 YEARS, CONTRACTOR, RENUKA CONSTRUCTIONS, SOMESHWARA COMPLEX, MARVANJI CIRCLE, OPPOSITE AMBEDKAR STATUE, KADUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT- 577 548. …RESPONDENTS (BY SRI. BALAGANGADHARA G.S., ADVOCATE FOR RESPONDENT NOS.1 AND 2) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46573 WP No. 3604 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.01.2025 IN O.S.NO.859/2024 PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT KADUR ON I.A.NO.III FILED BY THE RESPONDENTS HEREIN ANNEXURE-G AND DISMISS THE IA NO.III AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an order dated 25.01.2025 passed by the Principal Civil Judge and JMFC, Kadur in O.S. No.859/2024, by which, an application (I.A. No.III) filed by the respondents under Order XXVI Rule 9 read with Section 151 of Civil Procedure Code was allowed. 2. The petitioner herein had filed O.S No.859/2024 for perpetual injunction to restrain the respondents from trespassing into the plaint schedule property on the northern side and or interfering with his peaceful possession and enjoyment. The respondents filed an application under XXVI Rule 9 read with Section 151 of Civil Procedure Code to measure the suit property as well as the property described in - 3 - HC-KAR NC: 2025:KHC:46573 WP No. 3604 of 2025 the written statement. The Trial Court in terms of the impugned order allowed the application. The petitioner therefore being aggrieved by the said order is before this Court. 3. When this writ petition was listed on 07.07.2025, this Court passed the following order: The petitioner and private respondents Nos.3 and 4 are owners of adjoining properties. The core issue in the present writ petition pertains to the allegation that private respondents No.3 and 4 have undertaken construction of a residential building in violation of the sanctioned building plan, specifically with respect to non-compliance with setback norms. Learned counsel appearing for respondents No.3 and 4 contends that it is, in fact, the petitioner who has encroached upon the open space belonging to respondents No.3 and 4 by constructing a staircase. Upon perusal of the sketch produced in W.P. No.12602/2025, this Court finds that the dispute predominantly concerns the boundary alignment along the north-south direction. Accordingly, this Court deems it appropriate to - 4 - HC-KAR NC: 2025:KHC:46573 WP No. 3604 of 2025 direct the Chief Officer of the Town Municipal Council, Kadur, to appoint a competent Technical Officer to carry out a joint inspection and measurement of both properties. The said officer shall issue notice to both parties and undertake measurements of the respective properties after verifying and securing the title deeds and building plans of both the petitioner and respondents No.3 and 4. The inspection shall specifically focus on the north-south dimension and any deviation from the approved building plans. The petitioner and respondents No.3 and 4 are directed to remain present at the site on 11.07.2025 at 11:00 a.m. for the purpose of joint inspection. The appointed authority shall prepare a detailed report indicating the boundary between the two properties and specifying whether any construction has been carried out in violation of the building license or sanctioned plan. Any encroachment or infraction noted during the inspection shall be clearly recorded in the report. - 5 - HC-KAR NC: 2025:KHC:46573 WP No. 3604 of 2025 Both parties are at liberty to submit memos of instructions, if any, to assist the authority in conducting the inspection. List the matter for ‘Preliminary Hearing’ on 16.07.2025." 4. It is stated by the learned senior counsel for the petitioner as well as the learned counsel for the respondents that the Chief Officer, Town Municipal Council, Kadur, appointed an Assistant Engineer, of the Town Municipal Council to inspect the properties of the petitioner and the respondents. The report submitted by the Assistant Engineer is placed on record of this Court by the Chief Officer on 11.07.2025. 5. Since this Court has already appointed a Commissioner, this writ petition has become infructuous as the petitioner has not challenged the order dated 07.07.2025 appointing the Commissioner. 6. In that view of the matter, this writ petition stands disposed of as having become infructuous. 7. The Registry is directed to transmit the report submitted by the Chief Officer along with the sketch prepared - 6 - HC-KAR NC: 2025:KHC:46573 WP No. 3604 of 2025 by the Assistant Engineer to the Trial Court in O.S. No.859/2024. The Trial Court shall permit the parties to file their objections, if any, and thereafter proceed in accordance with Order XXVI Rule 10(2) of Civil Procedure Code. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 34