- 1 - HC-KAR NC: 2025:KHC:48495 WP No. 8610 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8610 OF 2022 (GM-CPC) BETWEEN: HANUMANTHAREDDY S/O GANGIREDDY AGED 84 YEARS R/O SOORAPALLI VILLAGE ANDERSONPET POST KOLAR GOLD FIELDS, REP BY HIS GPAHOLER SRI S. RAMACHANDRAREDDY S/O HANUMANTHAREDDY AGED ABOUT 52 YEARS R/AT SOORPALLI VILLAGE ANDERSONPET POST KGF - 563113. &PETITIONER (BY SRI M.B. CHANDRACHOODA, ADV.) AND: 1. SMT. LOGAMANI D/O KALLAPURI AGED 73 YEARS. 2. SRI PARTHASARATHY S/O KALLAPURI AGED 68 YEARS. 3. SMT KRISHNAVENI W/O LATE ANANDARAJ AGED ABOUT 58 YEARS. 4. SRI ANBALAGAN S/O LATE ANANDARAJ AGED 42 YEARS. 5. SRI ASHOK KUMAR S/O LATE ANANDARAJ AGED 38 YEARS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48495 WP No. 8610 of 2022 6. SRI MANOJHAR S/O LATE KALLAPURI AGED 63 YEARS. 7. SRI PONNURANGAM S/O LATE KALLAPURI AGED 61 YEARS. 8. SMT KALAI D/O LATE KALLAPURI AGED 56 YEARS. 9. SRI KULASHEKARAN S/O LATE KALLAPURI AGED 53 YEARS. RESPONDENTS 1 TO 9 ARE R/O RODGERS CAMP MARIKUPPA K G F - 563 112. 10. BERNARD DAWSON S/O LATE P M LOUDAMMAL AGED MAJOR R/AT 6TH CROSS PIPELINE ROBERTSONPET K G F - 563 113. 11. BETSY ROZARIO D/O LATE P M KOUDAMMAL AGED MAJOR R/AT MARIKUPPA K G F - 563 113. 12. QUEENY CORROLL D/O LATE P M LOUDAMMAL AGED MAJOR R/AT BAND MASTERS QUARTERS OORGAM, K G F - 563 113. 13. SMT. JYOTHI W/O LATE GEORGE AGED 35 YEARS. 14. ALPHONSA MARY D/O LATE GEORGE AGED ABOUT 30 YEARS. - 3 - HC-KAR NC: 2025:KHC:48495 WP No. 8610 of 2022 RESPONDENTS 13 TO 14 ARE R/AT ANDERSONPET BUS STAND, B.M. ROAD ANDERSONPET K G F - 563 113. &RESPONDENTS (BY SRI SUJAYEENDRA SRIDHAR, ADV., FOR R-1, R-3 TO R-7, R-9 TO R-12; R-13 & R-15 ARE DISMISSED V/O DTD 21.12.2023; R-2, R-6, R-8 & R-11 ARE PERMITTED TO DELETE V/O DTD 16.01.2025) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.4.4.2022 PASSED ON IA NO.21 FILED BY THE PETITIONER U/O XXVI RULE9R/W SEC 151 OF CPC IN O.S.NO.142/2011 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC KGF VIDE ANNEXURE-K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the plaintiff with a prayer to set-aside the order dated 04.04.2022 passed on IA No.21 in OS No.142/2011 by the Court of I Addl. Civil Judge and JMFC, KGF. 2. Heard the learned counsel for the parties. 3. Petitioner herein has filed OS No.142/2011 before the jurisdictional Civil Court at KGF, Kolar, seeking the relief of declaration of his title and consequential relief of perpetual - 4 - HC-KAR NC: 2025:KHC:48495 WP No. 8610 of 2022 injunction in respect of the suit schedule properties. The contesting defendants have filed written statement and have opposed the suit claim. In the said suit, IA No.21 is filed on behalf of the petitioner under Order XXVI Rule 9 read with Section 151 of CPC with a prayer to appoint a Court Commissioner/ADLR for the purpose of local inspection of the suit schedule properties and submit a report. The said application was opposed by the contesting defendants by filing objections. The Trial Court vide the order impugned has rejected IA No.21 and being aggrieved by the same, plaintiff is before this Court. 4. Learned counsel for the petitioner submits that the Trial Court is not justified in rejecting IA No.21. He submits that for the purpose of identification of the properties in dispute, a report by the Court Commissioner would be helpful to all the parties in the suit. He submits that whenever oral and documentary evidence placed on record are not sufficient to properly and effectively adjudicate the dispute, in normal circumstances, the Courts should appoint a Court Commissioner. - 5 - HC-KAR NC: 2025:KHC:48495 WP No. 8610 of 2022 5. Per contra, learned counsel for the respondents submits that in the application filed under Order XXVI Rule 9 read with Section 151 of CPC, a prayer is made not only to appoint a Court Commissioner for the purpose of conducting survey of the suit schedule properties but also to fix the boundary stone after measuring the properties of the defendants. The Trial Court, having appreciated this aspect of the matter, has rightly rejected IA No.21. Accordingly, he prays to dismiss the petition. 6. Petitioner has prayed in IA No.21 to appoint ADLR as Court Commissioner to survey suit schedule properties and to fix the boundary stone after measuring the properties of the defendants. The contesting defendants have filed objections to the said application. Suit schedule properties are land bearing Sy.No.34 measuring 5 guntas and land bearing Sy.No.35 measuring 3 acres 10 guntas situated at Soorapalli Village, Robertsonpet Hobli, Bangarpet Taluk. 7. Petitioner has approached the Trial Court seeking the relief of declaration of his title in respect of the suit schedule properties and also for a decree of perpetual injunction restraining the defendants and their men from interfering with - 6 - HC-KAR NC: 2025:KHC:48495 WP No. 8610 of 2022 peaceful possession and enjoyment of the suit schedule properties. After the parties had lead their evidence before the Trial Court, when the suit was at the stage of arguments, application under Order XXVI Rule 9 read with Section 151 of CPC was filed on behalf of plaintiff seeking appointment of ADLR to survey the suit schedule properties and also to fix the boundary stone after the defendants' property is surveyed. 8. It is trite that whenever it is found that oral and documentary evidence placed on record is not sufficient to properly adjudicate the dispute between the parties to the suit, the Court in its discretion can appoint a Court Commissioner for the purpose of holding a spot inspection of the property in dispute and file a report. In the case on hand, the properties in dispute are mentioned in the schedule given to the plaint. However, the prayer is made in the application is not only to survey the suit schedule properties but also to survey the properties of the defendants and fix the boundary stone. Such a prayer could not have been made by the plaintiff in his application. The Trial Court ought to have moulded the prayer made in the application and ought to have granted the prayer - 7 - HC-KAR NC: 2025:KHC:48495 WP No. 8610 of 2022 insofar as it relates to request made on behalf of the plaintiff to survey the suit schedule properties and submit the report. The law with regard to appointment of Court Commissioner has been laid down by the Co-ordinate Bench of this Court in the case of Sri. Shadaksharappa vs. Kumari Vijayalaxmi and Others in WP No.201274/2022 disposed off on 24.01.2023. 9. In the background of the judgment in the case of Shadaksharappa (supra), if the facts of the present case is examined, I am of the opinion that the Trial Court ought to have appointed a Court Commissioner for the purpose of holding a local inspection of the suit schedule properties, survey the same and submit a report. Under the circumstances, the order impugned passed by the Trial Court to the extent it relates to rejecting the prayer made in the application by the petitioner to appoint a Court Commissioner for the purpose of surveying the suit schedule properties and submitting a report cannot be sustained. Accordingly, the following order:- 10. The writ petition is partly allowed. The order impugned dated 04.04.2022 passed on IA No.21 filed in OS No.142/2011 by the Court of I Addl. Civil Judge and JMFC, KGF, to the extent - 8 - HC-KAR NC: 2025:KHC:48495 WP No. 8610 of 2022 it relates to rejecting the prayer made by the petitioner to appoint jurisdictional ADLR as Court commissioner for the purpose of surveying the suit schedule properties and submitting a report is set-aside and the prayer made in the said application to conduct survey in respect of defendants properties and fixing the boundary stone is confirmed. Consequently, jurisdictional ADLR is appointed as Court Commissioner to hold a local inspection and survey the suit schedule properties and submit a report. 11. It is needless to state that the Court Commissioner appointed by the Trial Court shall hold spot inspection and submit a report after survey of the suit schedule properties based on the instructions received from both the parties and also taking into consideration the observations made by this Court in this petition. Sd/- (S VISHWAJITH SHETTY) JUDGE DN/List No.: 1 Sl No.: 19