- 1 - HC-KAR NC: 2025:KHC:48971 WP No. 4630 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 4630 OF 2024 (GM-CPC) BETWEEN: P G SURYANARAYANA BHAT, AGED ABOUT 71 YEARS, S/O LATE GANAPATHI BHAT, NO ALF- 3-3, SFHS PATHWAY ROAD, NANDINI LAYOUT, BANGALORE - 560 096. PERMANENT ADDRESS: PADAVAGODU VILLAGE, SAGARA - TALUK, SHIVAMOGGA DISTRICT, PIN CODE - 577 201. …PETITIONER (BY SRI. R GOPAL., ADVOCATE) AND: 1. DR. SHIVANANANDA, S/O GANAPATHI BHATTA , SINCE DEAD BY LRS: MALATHI SHIVANANDA, W/O SHIVANANDA, AGED ABOUT 71 YEARS 2. RASHMI, D/O SHIVANANDA, AGED MAJOR, 3. ROOPA, D/O SHIVANANDA, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48971 WP No. 4630 of 2024 AGED MAJOR, RESPONDENT NOS. 1 TO 3 ARE R/O MANIPAL, UDUPI, DISTRICT PIN CODE - 576 104. 4. RAMABHATTA, SINCE DEAD BY LRS: UMESH BHAT, S/O RAMABHATTA, AGED ABOUT 57 YEARS 5. SMT SEETHAMMA, W/O RAMABHATTA, AGED MAJOR, 6. SULOCHANA, D/O RAMABHATTA, AGED MAJOR, 7. PREMAKALA, D/O RAMABHATTA, AGED MAJOR, 8. GOPALAKRISHNA, S/O RAMABHATTA, AGED MAJOR, 9. BHARATHI, D/O RAMABHATTA, AGED MAJOR, RESPONDENT NOS. 4 TO 9 ARE R/O PADAVAGODU VILLAGE, SAGARA TALUK PIN CODE - 577 401. 10. SMT SUVARNA, W/O VISHNU HEGADE, AGED MAJOR, R/O KALMAKKI, SASARAVALLI POST, SAGARA TALUK PIN CODE - 577 401. - 3 - HC-KAR NC: 2025:KHC:48971 WP No. 4630 of 2024 11. SMT. SUNANDA, W/O JAGADISHA N, AGED MAJOR, R/O KARNATAKA RICE MILL, MARKET ROAD, SORABA TOWN, PIN CODE - 577 401. …RESPONDENTS (BY SRI.PRAKASH B N., ADVOCATE FOR R1 TO R3 AND R10; SRI.G.KRISHNAMURTHY., SR. ADVOCATE FOR SRI.VENKATESH SOMAREDDY.,ADVOCATE FOR R4 TO R9; R11- SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DTD 09.01.2024 VIDE ANNEXURE-A PASSED BY THE COURT OF PRL. SENIOR CIVIL JUDGE AND JMFC AT SAGAR ON IA NO. 11 IN OS NO. 57/2016 AND CONSEQUENTLY ALLOW IA NO. 11, VIDE ANNEXURE-F AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Defendant No.2 is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 09.01.2024 passed on I.A.No.11 in O.S.No.57/2016 by the Court of Principal Senior Civil Judge and JMFC, Sagar, vide Annexure-A. - 4 - HC-KAR NC: 2025:KHC:48971 WP No. 4630 of 2024 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner and learned counsel for the contesting respondents jointly submitted that the dispute is between close relatives and to avoid any unnecessary complications in the future, the parties to the suit have jointly agreed to appoint a Court Commissioner for the purpose of preparing an inventory of the gold and silver articles kept in the treasury in the suit schedule Item No.2 of the house (schedule - I of I.A.No.XI) situated at Katta Nos.7 and 8 of Padavagodu Village in Sagar Taluk. They submit that a joint memo is filed by the parties to this writ petition and this writ petition may be disposed of in terms of the said joint memo. 4. The submission made on both sides and the joint memo dated 26.11.2025 is placed on record. The joint memo is signed by the contesting parties in this writ - 5 - HC-KAR NC: 2025:KHC:48971 WP No. 4630 of 2024 petition and by their learned advocates. In paragraph Nos.2 to 4 of the joint memo, it is stated as follows: "2. The Petitioner, Respondent Nos 1 to 3, 10 and Respondent Nos 4 to 9 have no objection to appoint Sri.E.NAGARAJ, Advocate, Sagar as Court Commissioner for making inventory of gold and silver articles kept in the treasury in the suit schedule item No 2 of the house (schedule - I of I.A No XI) situate in Katha No.7 and 8, Padavagodu village in Sagar taluk. 3. It is submitted that 3 separate locks were put to the said treasury and Umesh Bhat (respondent No.4/Defendant No.1(a)) is having key of one lock and P.G Suryanarayana Bhat (Writ Petitioner/Defendant No.2) is having key of another lock and Malathi Shivananda (respondent No.1/Plaintiff No.1(a)) is having key of another lock. These parties shall open their respective lock to fecilitate Court Commissioner for making out Inventory of the said articles kept in the said treasury. 4. The Court appointed Commissioner shall make Inventory and prepare inventory list of gold and silver articles in accordance with the below mentioned instructions: - 6 - HC-KAR NC: 2025:KHC:48971 WP No. 4630 of 2024 A) The Commissioner shall conduct the inventory at 11 A.M on 9-12-2025 in the presence of the parties and parties shall be present at the spot/premises on that day at 11 A.M without any further notice to them and if for any unavoidable reason, commission work cannot be carried out on 9-12-2025, the commissioner shall with consent and priorities to the parties advocates and shall fix any other date and carry commission work. B) The parties shall co-operate with Commissioner to make and prepare inventory list of articles; and C) The Court Commissioner shall take assistance of a Gold Smith to carry out the job of weighing the gold and silver articles; and D) The Court Commissioner shall draw mahazar and prepare inventory list of the said articles with detailed descriptions with the name of the articles and its weight and Commissioner shall take signature of parties and Gold Smith on mahazar to be drawn by Commissioner and also on inventory list; and E) The Commissioner shall take colour photographs of all gold and silver articles. All such Photographs along with Inventory list of - 7 - HC-KAR NC: 2025:KHC:48971 WP No. 4630 of 2024 all articles signed by Commissioner, Gold smith and parties to this memo shall be filed for record in the trial court in O.S No 57 of 2016. The Commissioner shall furnish copy of signed inventory list with photographs of articles to petitioner/2nd defendant, respondent No 1/plaintiff No 1(a) and respondent No 4/ defendant No 1(a). F) After inventory, the Court Commissioner shall keep all the gold and silver articles back in the treasury and allow all the aforesaid 3 parties to put their respective lock by using their respective key and they shall retain their respective key in their custody and accordingly commissioner shall make a note of the same in the Mahazar. G) The Commissioner's fee, expenses of photos shall be borne by petitioner/Defendant No 2. H) The articles under the inventory list shall form part of the subject matter of suit and its outcome." 5. The writ petition is therefore required to be disposed of in terms of the aforesaid joint memo and the - 8 - HC-KAR NC: 2025:KHC:48971 WP No. 4630 of 2024 order impugned is required to be formally set aside. According to the following: ORDER (i) The writ petition is allowed. (ii) The impugned order dated 09.01.2024 passed on I.A.No.11 in O.S.No.57/2016 by the Court of Principal Senior Civil Judge and JMFC, Sagar, vide Annexure-A is set aside and consequently the prayer made in I.A.No.1/2025 is allowed subject to the terms of the aforesaid joint memo and Sri.E.NAGARAJ, Advocate, Sagar is appointed as Court Commissioner for preparing inventory of the gold and silver articles kept in the treasury in the suit schedule item No.2 of the house (schedule - I of I.A No XI) situate in Katha Nos.7 and 8 of Padavagodu village in Sagar taluk and the Court - 9 - HC-KAR NC: 2025:KHC:48971 WP No. 4630 of 2024 Commissioner shall strictly comply with the terms of the joint memo and submit his report. (iii) Since the suit is of the year 2016, the Trial Court shall expedite the trial in the case and dispose of the suit on its merits as expeditiously as possible but not later than a period of 1 year from the date of receipt of copy of this Order. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 12