- 1 - HC-KAR NC: 2025:KHC:30988 WP No. 17726 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 17726 OF 2025 (GM-CPC) BETWEEN: SRI.M.GOPALA REDDY SON OF R. M. REDDY, AGED ABOUT 70 YEARS, RESIDING AT SINGANAYAKANAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK-560 063. …PETITIONER (BY SRI. GIRIDHAR S V., ADVOCATE) AND: DR.M.C.SHIVAMURTHY SON OF M. CHANNAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO.95(33), 10TH CROSS, 12TH BLOCK, KUMARA PARK, BANGALORE-560 020. …RESPONDENT (BY SRI. GNANESH N.I., ADVOCATE ALONG WITH SMT. NIVEDITHA C.S., ADVOCATE FOR SMT. VIJETHA R. NAIK., ADVOCATE FOR RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A. CALL FOR THE RECORDS IN F.D.P. NO.21/2024, ON THE FILE OF THE HONBLE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30988 WP No. 17726 of 2025 II ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, CULMINATING IN THE ORDER IMPUGNED. B. ISSUE A WRIT OF CERTIORARI, SIMILAR WRIT, ORDER OR DIRECTION AND QUASH THE ORDER AS AT ANNEXURE-J, PASSED ON I.A.NO.2/2024 FILED UNDER SECTION 54 READ WITH SECTION 151 OF CPC DATED 04.06.2024 PASSED IN THE F.D.P.NO.21/2024 ON THE FILE OF THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL, BANGALORE AND CONSEQUENTLY DISMISS THE SAID INTERLOCUTORY APPLICATION NO.2 OF THE RESPONDENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition is by the respondent in Final Decree proceedings in FDP No.21/2024 pending consideration on the file of II Additional Senior Civil Judge, Bengaluru Rural District, Bangalore, arising out of preliminary decree dated 13.12.2000 in O.S.No.210/1995. 2. It appears petitioner herein has preferred an regular appeal in R.A.No.143/2024 questioning the preliminary decree passed in the said O.S.No.210/1995 which is also pending consideration before the very same Court. Since there was delay in filing said regular appeal in R.A.143/2024, the first - 3 - HC-KAR NC: 2025:KHC:30988 WP No. 17726 of 2025 appellate Court has declined to grant any interim order staying the operation of the preliminary decree which is subject matter in FDP proceedings. 3. In the meanwhile the respondent herein filed an application under Section 54 read with section 151 of CPC in the aforesaid Final Decree Proceedings seeking appointment of commissioner for purpose of effecting partition in terms of preliminary decree passed in O.S.No.210/1995 which came to be allowed by order dated 04.06.2025. Aggrieved by which the petitioner-respondent is before this Court. 4. Learned counsel for the petitioner taking this Court through the records and reiterating the grounds urged in the memorandum of petition submits that merely because first appellate Court has not granted any interim order staying Final Decree proceedings on the premise of there being delay in filing the said regular appeal, the petitioner cannot be left remediless and proceedings be allowed to continue as sought to be done in the instant case rendering his challenge to preliminary decree infructuous. He submits in the circumstances he has no other - 4 - HC-KAR NC: 2025:KHC:30988 WP No. 17726 of 2025 option but to approach this Court seeking an interim order of stay, while challenging the order appointing the commissioner at the instance of respondent. 5. Learned counsel for respondent-petitioner submits that the proceedings in regular appeal are at the stage of enquiry on the application filed by the petitioner seeking condonation of delay. He submits unless and until appropriate orders on the said application is passed, the first appellate Court cannot pass any interim order staying the Final Decree Proceedings. Therefore he submits there is no error in the FDP proceedings being proceeded further in the manner known to law. 6. Heard. Perused the records. 7. There is no dispute that the petitioner herein has preferred regular appeal, albeit, after delay in R.A.No.143/2024 questioning the preliminary decree that was passed in O.S.No.210/1995. The application seeking condonation of delay of 23 years is stated to be at the stage of enquiry. It is under these circumstances the first appellate Court has not - 5 - HC-KAR NC: 2025:KHC:30988 WP No. 17726 of 2025 granted any interim order staying Final Decree Proceedings in FDP No.21/2024. 8. Be that as it may. The order impugned in the present petition is appointment of court commissioner for the purpose of drawing up of final decree. The preliminary decree is admittedly under challenge in R.A.No.143/2024. Since it is submitted that the application seeking condonation of delay is at the stage of enquiry and apprehension is expressed that the enquiry may continue causing further delay, this Court under the peculiar circumstances of the matter deems it appropriate to direct the first appellate Court to expedite the process of disposing of proceedings of enquiry on application for condonation of delay as expeditiously as possible within an outer limit of 30 days from the date of receipt of certified copy of this order and pass appropriate orders thereon in accordance with law. 9. In the meanwhile drawing up of final decree shall be stayed until order on the aforesaid application are passed in R.A.No.143/2024. - 6 - HC-KAR NC: 2025:KHC:30988 WP No. 17726 of 2025 10. It is made clear that process of appointment of commissioner and other incidental and ministerial act as are essential in the Final Decree proceedings be continued till disposal of the aforesaid application by first appellate Court. Accordingly, petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 45