- 1 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO.202862 OF 2024 (GM-CPC) BETWEEN: RUDRAGOUDA S/O NINGANAGOUDA @ LINGANAGOUDA PATIL AGE: 68 YEARS, OCC: AGIRCULTURE R/O: MUDDEBIBAL NOW AT DHAVALAGI PIN-586116. SINCE ATTAINED AGE OF MAJORITY- 586 116. …PETITIONER (BY SRI DHARWADKAR SUBODH TIRUPATI, ADVOCATE) AND: NINGANAGOUDA @ LINGANAGOUDA S/O RUDRAGOUDA PATIL SINCE DECEASED BY LRs AS PER ORDER ON I.A NO. XXVIII, DATED 10.07.2020 1. SMT RAJESHWARI W/O BASAVRAJ PATIL AGE: 58 YEARS, OCC: AGRICULTURE, R/O: AHAMDNAGAR (MAHARASTRA STATE) CHANNAWWA W/O RUDRAGOUDA PATIL Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 IS SHOWN AS PLAINTIFF NO.3 SINCE DECEASED BY LRS PLAINTIFF NO.3A TO 3C AS PER ORDERS ON I.A NO. I. VISHWANATH S/O MALLANAGOUDA PATIL SINCE DECEASED BY LRS 2 SHOBHA W/O VISHWANATH PATIL AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O: MUDDEBIHAL, 3. KIRAN S/O VISHWANTH PATIL AGE: MAJOR, OCC: AGRICULTURE R/O: MUDDEBIHAL, 4 . AKKAMAHADEVI D/O VISHWANTH PATIL AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O: MUDDEBIHAL, 5. ARUNA W/O MAHANTESH NAGARAL AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O: MUDDEBIHAL, 6 . SHANTA W/O ASHOK MOKASHI AGE: 35 YEARS, OCC: HOUSE HOLD WORK, R/O: MUDDEBIHAL, SHANKARGOUDA S/O CHANNABASAPPAGOUDA PATIL - 3 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 SINCE DECEASED BY HIS LRS. 7. CHANABASAPPA S/O SHANKARGOUDA PATIL, AGE: MAJOR, OCC: AGRICULTURE R/O: MUDDEBIHAL, SHIVAPPA S/O SANGAPPA PATIL SINCE DECEASED BY LRS ANDANEGOUDA S/O SHIVAPPA PATIL, SINCE DECEASED BY HIS LRS 8. SMT. LAXMIBAI W/O ANDANEGOUDA PATIL AGE: 70 YEARS, OCC: HOUSE HOLD WORK, R/O: HORAPETI, TQ: MUDDEBIHAL DIST: VIJAYAPURA, PIN – 586 212. 9. SMT. CHANNAMMA W/O HANAMANTGOUDA BIRADAR AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR OLD POLICE STATION, AT POST: GARAG, TQ & DIST: DHARWAD, PIN 580 105. 10. SMT.SHARADA W/O NANDREPPAGOUDA PATIL AGE: 46 YEARS, OCC: HOUSEHOLD WORK R/O: ASKI, TQ TALIKOT, DIST VIJAYAPUR PIN 586 118. 11. SMT.RENUKA @ LAXMI W/O AMRESH AGE: 43 YEARS, - 4 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 OCC: HOUSEHOLD WORK, R/O: NEAR RAGHAVENDRA MATH POST: LINGSUR, TQ & DIST: RAICHUR, PIN 584 122. 12. SMT. KAVITA W/O BASANAGOUDA PATIL AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: HORAPETI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA PIN 586 212. 13. ADITYA S/O BASANAGOUDA PATIL AGE: 13 YEARS, OCC: STUDENT REP. M/G i.e., NATURAL MOTHER SMT. KAVITA W/O BASANAGOUDA PATIL, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: HORAPETI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA PIN 586 212. 14. ARYAN S/O BASANAGOUDA PATIL AGE: 08 YEARS, OCC: STUDENT REP M/G I.E NATURAL MOTHER SMT. KAVITA W/O BASANAGOUDA PATIL, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: HORAPETI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA PIN 586 212. 15. SANGANAGOUDA S/O ANDANEGOUDA PATIL - 5 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 AGE: 38 YEARS, OCC: PRIVATE R/O: HORAPETI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA,PIN 586 212. SUBHADRAMMA D/O SHIVAPPA PATIL SINCE DECEASED BY HIS LRS, ALREADY ON RECORD 16. MALLAMMA D/O SHIVAPPA PATIL AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: MUDDEBIHAL. DRAXAYANI W/O SANGANAGOUDA PATIL SINCE DECEASED LRS ALREADY ON RECORD SHIVASANGAPPAGOUDA S/O DODDAPPAGOUDA PATIL, SINCE DECEASED BY LRS. 17. BASANAGOUDA S/O SHIVASANGAPPA PATIL AGE: 60 YEARS, OCC: AGRICULTURE, R/O: MUDDEBIHAL. 18. RUDRAGOUDA S/O SHIVASANGAPPAGOUDA PATIL AGE: 47 YEARS, OCC: AGRICULTURE, R/O: MUDDEBIHAL. 19. DODDAPPAGOUDA S/O SHIVASANGAPPAGOUDA PATIL AGE: 45 YEARS, - 6 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 OCC: SERVICE, R/O: BENGALURU. 20. RATNA W/O VEERUPAXGOUDA PATIL AGE: 53 YEARS, OCC: HOUSEHOLD WORK R/O: DHARWAD. 21. SHANTA W/O SOMASHEKHAR IMBRAPUR AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O: DHARWAD. 22. SHIVABASAMMA W/O MAHANTGOUDA PATIL AGE: 55 YEARS, OCC: HOUSEHOLD WORK R/O: HOOLAGERI TQ: KUSTAGI, DIST: KOPPAL. 23. VIJAYA W/O RATNAKAR KAVALUR AGE: 55 YEARS, OCC: HOUSE HOLD WORK, R/O: BINKADAKATTE, TQ: AND DIST: GADAG. GURUSIDDAPPA S/O MAHANTAPPA GUNDI SINCE DECEASED BY HIS LRS 24. BASAVARAJ S/O SHIVANAND GUNDI AGE: MAJOR, OCC: AGRICULTURE, R/O: TILAGUL, TQ: SINDAGI. NANDAPPA S/O PARAPPA SAJJAN - 7 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 SINCE DECEASED BY HIS LRS. 25. NAGAPPA S/O NANDAPPA SAJJAN AGE: MAJOR, OCC: AGRICULTURE, R/O: TILGUL, TQ: SINDAGI. 26. PARAPPA S/O NANDAPPA SAJJAN AGE: MAJOR, OCC: AGRICULTURE, R/O: TILAGUL, TQ: SINDAGI. 27. LAXMI BAI W/O NANDABASAPPA SAJJAN AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: TILAGUL, TQ: SINDAGI. SOMANAGOUDA S/O DODDAPPA SUBHEDAR SINCE DECEASED BY HIS LRS. 28. DODDAPPAGOUDA S/O SOMANAGOUDA SUBHEDAR AGE: MAJOR, OCC: AGRICULTURE, R/O: MUDDEBIHAL. 29. NINGANAGOUDA S/O SOMANAGOUDA SUBHEDAR AGE: MAJOR, OCC: AGRICULTURE R/O: MUDDEBIHAL. 30. BASAMMA W/O SIDDANAGOUDA DODAMANI AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O: MUDDEBIHAL. - 8 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 31. JAISHREE W/O SOMANGOUDA MULIMANI AGE: MAJOR, OCC: HOUSEHOLD WORK R/O: MUDDEBIHAL. 32. MAHADEVI D/O SOMANGOUDA SUBHEDAR AGE: MAJOR, OCC: HOUSHOLD WORK, R/O: TILAGUL, TQ: SINDAGI. 33. AYYAMMA D/O SOMANAGOUDA SUBHEDAR AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O: TALAGUL, TQ: SINDAGI. 34. JANNATBI W/O GUDUSAB GOLANDAJ AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. MUDDEBIHAL. VEERAPPA S/O CHANAPPA HURAKADLI SINCE DECEASED BY HIS LRS 35. GEETA W/O MURIGEPPA HURAKADLI AGE: MAJOR, OCC: HOUSEHOLD WORK , R/O: GADAG. 36. SANGAMMA IRASANGAPPA KOTO AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: GADAG. 37. BASAMMA W/O VEERAPPA HURAKADLI AGE: 50 YEARS, - 9 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 OCC: HOUSEHOLD WORK, R/O: MUDDEBIHAL. 38. MUCHAKHANDAYYA S/O BASAPPA MATH AGE: MAJOR, OCC: BUSINESS, R/O: MUDDEBIHAL. 39. SANJAYKUMAR S/O KANTILAL OSWAL AGE: 43 YEARS, OCC: BUSINESS R/O: CEMENT ROAD, MUDDEBIHAL. 40. AJITKUMAR S/O KANTILAL OSWAL AGE: 37 YEARS, OCC: BUSINESS, R/O: MUDDEBIHAL. 41. SMT.MEENAKUMARI W/O BHARATKUMAR JAIN AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 42. SHARMILKUMARI D/O KAMALESHWAR OSWAL AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 43. MOTILAL S/O VANICHAND PORWAL AGE: MAJOR, OCC: BUSINESS R/O MUDDEBIHAL. 44. CHANDAKUMARI W/O ANANDKUMAR OSWAL AGE: 32 YEARS, - 10 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 45. NOORJANBEGUM W/O HAJIMASTAN HONAWAD AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 46. HANAMANT S/O SABANNA WADDAR AGE: 34 YEARS, OCC: BUSINESS R/O. MUDDEBIHAL. 47. JYOTIRAM S/O NAWAJEE SALUNKE AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 48. SMITABAI W/O KADAM OSWAL AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 49. VITHAL S/O KRISHNARAO DESHPANDE AGE: 55 YEARS, OCC: AGRICULTURE, R/O MUDDEBIHAL. 50. KANCHANABAI W/O JAYAWANTRAO BHANDARI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 51. GAUTAM S/O JAYAWANTRAJ BHANDARI AGE: MAJOR, - 11 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 OCC: BUSINESS, R/O MUDDEBIHAL. 52. LAXMIBAI W/O BASAPPA KOLUR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 53. NAGAPPA S/O KANTEPPA KOLUR AGE: MAJOR, OCC: AGRICULTURE, R/O MUDDEBIHAL. 54. SHIVAPPA S/O BASAPPA KOLUR AGE: MAJOR, OCC: AGRICULTURE, R/O MUDDEBIHAL. 55. SANGAMMA D/O BASAPPA KOLUR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 56. MAHADEVI BASAPPA KOLUR AGE: MAJOR, OCC: HOUSEHOLD R/O MUDDEBIHAL. 57. SANTOSH BASAPPA KOLUR AGE: MAJOR, OCC: AGRICULTURE, R/O MUDDEBIHAL. SHANKARGOUDA S/O SIDDANAGOUDA PATIL SINCE DECEASED BY LRS. 58. YENKAMMA @ PAVITRA - 12 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 W/O SANGANAGOUDA PATIL AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O AGTHIRTH, TQ: SHORAPUR, DIST: YADAGIR- 585 216. 59. SHIVNINGAMMA W/O SHANKARGOUDA PATIL AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O GORBAL, TQ: HUNAGUND, DIST: BAGALKOT – 587 154. 60. SUNAND W/O SATISH HIREGOUDA AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O VIJAYAPUR. 61. SUMITRA W/O MALLIKARJUNGOUDA MALIPATIL AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O MALLAT, TQ : MANVI, DIST: RAICHUR 584 129. 62. SUJATA W/O VIJAYAKUMAR DESHMUKH AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: VIDYANAGAR, MUDDEBIHAL. 63. SAVITA W/O AMIT MIRJI AGE: 42 YEARS, OCC: FILED OFFICER SBI BANK, SAINIK SCHOOL, R/O VIJAYAPURA. 64. CHANDESA S/O DAWALSAB NADAF AGE: 40 YEARS, - 13 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 OCC:AGRICULTURE, R/O MUDNAL, TQ: MUDDEBIHAL. 65. RIYAZAHMED S/O DAWALSAB NADAF AGE: 38 YEARS, OCC: AGRICULTURE, R/O MUDNAL TQ MUDDEBIHAL. 66. MOULASA S/O DAWALSAB NADAF AGE: 36 YEARS, OCC: AGRICULTURE, R/O MUDNAL, TQ: MUDDEBIHAL. 67. MAIBUBSA S/O DAWALSAB NADAF AGE: 45 YEARS, OCC: AGRICULTURE, R/O MUDNAL, TQ: MUDDEBIHAL. 68. MURTUJSA S/O DAWALSAB NADAF AGE: 42 YEARS, OCC: AGRICULTURE, R/O MUDNAL, TQ: MUDDEBIHAL. 69. ABDULRAHIMAN S/O DAWALSAB NADAF AGE: 40 YEARS, OCC: AGRICULTURE, R/O MUDNAL, TQ: MUDDEBIHAL. 70. SIKANDAR S/O DAWALSAB NADAF AGE: 38 YEARS,OCC: AGRICULTURE, R/O MUDNAL, TQ: MUDDEBIHAL. 71. AMEENMA W/O NABISAB WALIKAR AGE: MAJOR, OCC: HOUSEHOLD WORK R/O MUDNAL, TQ: MUDDEBIHAL. Amended as per order dt:14.02.2025 accordingly amendment carried out Since deceased by lrs respondents 33 to 40 are already on record as above i.e., respondent no.64 to 70 as per order dated 14.02.2025 - 14 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 72. HUSAINBI W/O RAJESAB NADAF AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O MUDNAL, TQ: MUDDEBIHAL. MALIKMA W/O DAVALSAB NADAF SINCE DECEASED BY LRS DEFENDANT NO. 33 TO 41 ARE ALREADY ON RECORD AS ABOVE RESPONDE TNO. 64 TO 72. 73. CHANNAPPA S/O HALAKATTEPPA HURAKADLI AGE: MAJOR, OCC: AGRICULTURE, R/O MUDDEBIHAL, DIST: VIJAYAPUR. 74. MANINGAPPA S/O HALAKATAPPA HURAKADLI AGE: MAJOR, OCC: BUSINESS, R/O: MUDDEBIHAL. 75. SURESH S/O HALAKATTEPPA HURAKADLI AGE: MAJOR, OCC: AGRICULTURE, R/O MUDDEBIHAL. BASANAGOUDA S/O BAPUGOUDA @ CHANNABASAPPAGOUDA PATIL SINCE DECEASED BY LRS. 76. AJAY KUMAR S/O BASANAGOUDA PATIL AGE: 23 YEARS, OCC: STUDENT R/O: C/O B.S CHOUDHARY - 15 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 OPP. GOVERNMENT HOSPITAL, KEMBHAVI - 585 216. TQ. SHORAPUR, DIST KALABURAGI. 77. ARUNKUMAR S/O BASANAGOUDA PATIL AGE: 21 YEARS, OCC: STUDENT R/O: C/O B.S CHOUDHARY OPP. GOVERNMENT HOSPITAL, KEMBHAVI - 585 216. TQ. SHORAPUR, DIST KALABURAGI. 78. PRATAPREDDY S/O BASANAGOUDA PATIL AGE: 19 YEARS, OCC: STUDENT R/O: C/O B.S CHOUDHARY OPP. GOVERNMENT HOSPITAL, KEMBHAVI - 585 216. TQ. SHORAPUR, DIST KALABURAGI. 79. MALATI W/O BASANAGOUDA PATIL AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O: OLD CIVIL HOSPITAL ROAD, BEHIND OLD COURT, MUDDEBIHAL 586 212. 80. SUNIL S/O BASANAGOUDA PATIL AGE: 17 YEARS, OCC: STUDENT MINOR BY NATURAL GUARDIAN SMT MALATI W/O BASANAGOUDA PATIL AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O: OLD CIVIL HOSPITAL ROAD, BEHIND OLD COURT, MUDDEBIHAL 586 212. 81. LAXMIDEVI - 16 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 W/O JAMBANAGOUDA AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O MUDDEBIHAL. 82. MANGALA W/O SHANTAGOUDA BIRADAR AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O MUDDEBIHAL. 83. SUVARNA W/O SHARANAGOUDA HALEMANI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: SHORAPUR, DIST: KALABURAGI. 84. SHOBHA W/O BHIMANAGOUDA DADDAL AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: RAJANKOLOUR. 85. GIRIJAMMA W/O GOUDAPPAGOUDA PATIL AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: GUNDAKANAL, TQ: MUDDEBIHAL. 86. MALATABAI W/O SHANKARGOUDA ALAKUNDHI AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: BELLARY. 87. CHANABASAMMA W/O SHARANAGOUDA PATIL AGE: 69 YEARS, OCC: HOUSEHOLD WROK, R/O: RAGALAPARI, SINDHANUR. - 17 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 88. NATHIBAI W/O MOHANLAL PORWAL AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O: GIRIJASHANKAR TALKIES MUDDEBIHAL. 89. DHARMIBAI W/O OTAMALL OSWAL AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: MUDDEBIHAL DIST: VIJAYPUR. AKKAMAHADEVI W/O NINGANAGOUDA @ LINGANAGOUDA PATIL SINCE DECEASED BY LEGAL HEIR PLAINTIFF NO. 1 (AS PER ORDER ON I.A NO.17 DTD 06.07.2020) PLTFF NO.2 BY LRS PETITIONER RUDRAGOUDA NINGANAGOUDA PATIL CHANNAWWA W/O RUDRAGOUDA PATIL SINCE DECEASED BY HER LRS. 90. GANGAMMA W/O PAMPANAGOUDA PATIL AGE: 80 YEARS, OCC: HOUSEHOLD WORK, R/O: GANDHINAGAR, BALLARY. 91. PRABHU S/O CHANDRASHEKHARAPPA RADDER AGE: 50 YEARS, OCC: MEDICAL OFFICER R/O: SINDAGI, DIST: VIJAYAPUR. GURUNATH S/O CHANDRASHEKHARAPPA RADDER - 18 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 SINCE DECEASED BY LRS 92. SMT. VINITHA W/O GURUNATH REDDY @ RADDER AGE: 48 YEARS, OCC: HOUSEWIFE R/O: FLAT NO.204, FRIENDS APARTMENTS 1ST LING ROAD, PARVATHI NAGAR, GANDHI NAGAR, BELLARY, DIST: BELLARY – 583 103. 93. ANUSHREE D/O GURUNATH REDDY @ RADDER AGE: 28 YEARS, OCC: STUDENT, R/O: FLAT NO.204, FRIENDS APARTMENTS 1ST LING RAOD, PARVATHI NAGAR, GANDHI NAGAR ,BELLARY, DIST: BELLARY 583 103. 94. SHASHANK S/O GURUNATH REDDY @ RADDER AGE: 19 YEARS, OCC: STUDENT, R/O: FLAT NO.204, FRIENDS APARTMENTS 1ST LING RAOD, PARVATHI NAGAR, GANDHI NAGAR BELLARY, DIST: BELLARY – 583 103. …RESPONDENTS (BY SRI BASAWARAJ KAREDDY, ADVOCATE FOR R35, R36, R52 TO R57, R64 TO R66, R68 TO R70, R72, R74 & R75; NOTICE TO R1 TO R34, R38 TO R51 & R58 TO R63 & R73 ARE DISPENSED WITH; NOTICE TO R3 SERVED V/O DATED 24.10.2024; POSTAL SHARA FOR R67 AND R71 PARTLY DECEASED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE WRIT PETITION QUASHING ANNEXURE-A BY SETTING ASIDE THE IMPUGNED ORDER BY DISMISSING I.A.NO.49, DATED 12.09.2024 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND J.M.F.C., MUDDEBIHAL AND ETC. - 19 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV ORAL ORDER (PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The petitioner who is the Decree Holder has filed the present petition assailing the order passed on I.A.No.49 under Section 151 of CPC, filed by defendant no.33, seeking permission to examine the Commissioner. The said application has been disposed off by the Executing Court in FDP 2/2013. The application filed by defendant no.33 is in order to examine the Commissioner who has submitted the report. 2. It is no doubt the contention of the plaintiff that the respondents are lis-pendens purchasers and hence are not entitled to cross-examine the Commissioner. Various other contentions have been raised and objections were filed to the effect that there is no merit in the claim of the said defendants, that the alleged purchasers i.e., - 20 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 defendant no.33 is required to file a separate suit and seek for partition and cannot claim any share, nor can create any obstruction by filing an application to summon Court Commissioner. 3. Perused the order passed on I.A.No.49. 4. The Executing Court has noticed the contentions of both parties and has observed the scope of or Order 26 Rule 10 CPC, relating to the procedure to be followed by the Commissioner. The Court has noticed the provision of Order 26 Rule 10 sub rule (1) and (2) whereby the Commissioner’s report and evidence taken by the Commissioner, shall be evidence in the suit and shall form part of the record and that the Court may examine anybody concerned on the report. The Court has observed that objections are filed to the Commissioner’s report and if the party filing objection seeks permission to examine the Commissioner, then the Commissioner could be examined. The Court has noticed that the defendants have filed objections to the Commissioner’s report and having - 21 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 filed such objection have sought for examination of the Commissioner and accordingly allowed the application. 5. Heard both sides. 6. Learned counsel appearing for the petitioner has raised various contentions including that defendant no.33 is required to file a separate suit. It is further submitted that cross-examination of the Commissioner would result in prolonging the proceedings when as regards the some items, dispute between the Judgment Debtor and Decree Holder have been settled. 7. Attention is drawn to the averments in para 18 which reads as under: “Under such circumstances, the Court below has failed t appreciate that, to draw final decree there is no objection from defendant no.1 to 9, who are the preliminary decree holders and certain defendants no.1 to 9 have already settled the matter with the plaintiff/petitioner by accepting the Court Commissioner’s report. Out of the 15 properties as per Schedule ‘A’, ‘B’. ‘C’ - 22 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 and ‘D’ all the defendants i.e., 1 to 9 decree holders have settled the matter by filing compromise petition before the Mediation Center and the alleged rights being claimed by the present respondents/defendants who are purchasers during the final decree proceedings cannot be decided in this matter. Under such circumstances, the acts and activities of the Court below are not in the interest of justice to protect the decree holder but are contrary to the law. Therefore, the impugned order passed by the court below needs to be quashed.” 8. Sri.Basavaraj Kareddy, learned counsel appearing for defendant no.33 would point out that, the only question before the Court is as regards correctness of the order passed on I.A.No.49 and the contentions raised by the petitioner are matters touching the merits of the matter and cannot be adjudicated at this stage. 9. It is to be noticed that an application is filed by defendant no.33 for examination of the Commissioner. - 23 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 10. A bare reading of Order 26 Rule 10 CPC, would indicate that any of the parties to the suit may examine the Commissioner touching upon any matters referred to him or mentioned in his report or as to the report or manner in which investigation has been made. Further, under Order 26 Rule 10 sub rule (3), the Court, if it is dissatisfied with the proceedings of the Commissioner, the Court may direct further enquiry to be made as it shall think fit. 11. Insofar as the order passed by the Executing Court, this Court finds no jurisdictional error calling for interference at this stage. The contention of the petitioner regarding defendants need to file a separate suit is a contention to be considered at an appropriate stage. At this stage of the matter, no case is made out to enter into the contentions raised on merits and accordingly, no ground is made out for interference with the order passed. The reasoning while allowing the application as reflected in the order impugned also does not call for any interference. - 24 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 12. Insofar as the contention raised by the learned counsel for petitioner as found in para 18, it must be noticed that the said contention may not have a direct nexus with right of examination of Court Commissioner by Defendant no.33. However, it is the case made out by the petitioner the suit is of the year 1969 and insofar as undisputed settlement between the Decree Holder and some of the Judgment Debtors, petitioner may be at liberty to press for appropriate reliefs as against such undisputed settlement. While the Court would not enter into such contention, the contention raised (including at para 18 of the petition) is kept open to be raised in an appropriate manner in the pending proceedings. 13. Accordingly, the petition is disposed off. 14. It is made clear that as the Final Decree Proceedings relates to the year 2013, the Court to endeavor to dispose off the execution proceedings at the earliest and if the Final Decree Proceedings is the oldest case pending before the Court, needless state, the Court - 25 - NC: 2025:KHC-K:1353 WP No.202862 of 2024 to take up the matter on priority and dispose it off at the earliest. All contentions are kept open. Accordingly, the petition is disposed off. 15. Needless to state, disposal of writ petition would not have the effect of adjudication on the contentions raised by the petitioner and substantive rights of defendant no.33 as raised in the petition and as contended in the objections filed to the application filed by the defendant no.33 under Order 26 Rule 10 CPC. Such objections are kept open to be considered at an appropriate time. The Court is also to ensure that there is no procrastination of the proceedings and defendant no.33 is not to be permitted to take unnecessary adjournments. Sd/- (S.SUNIL DUTT YADAV) JUDGE NP List No.: 1 Sl No.: 1