- 1 - HC-KAR NC: 2025:KHC:44091 WP No. 31129 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 31129 OF 2025 (GM-CPC) BETWEEN: 1. SMT SHIVAMMA W/O LATE ANJINAPPA, AGED ABOUT 75 YEARS, 2. SRI ASHOK KUMAR S/O LATE ANJINAPPA, AGED ABOUT 54 YEARS, 3. SRI SHIVARAJU S/O LATE ANJINAPPA, AGED ABOUT 52 YEARS, 4. SRI RAMESH S/O LATE ANJINAPPA, AGED ABOUT 41 YEARS, ALL ARE RESIDING AT MELEKOTE, GANGASANDRA ROAD, TUMAKURU-572105. …PETITIONERS (BY SRI. M S NAGARAJA.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44091 WP No. 31129 of 2025 AND: 1. SMT R SUJATHA W/O G.D.SHIVASHANKARAPPA, D/O LATE RANGASWAMY AND KEMPAMMA, AGED ABOUT 51 YEARS, R/AT DOOR NO.F-83, POLICE QUARTERS, BARLINE ROAD, TUMKURU-572101. 2. SRI. R.RAVEESH, S/O LATE RANGASWAMY AND KEMPAMMA, AGED ABOUT 47 YEARS, R/AT BASAVANA PALYA, SIRAGATE, TUMAKURU-572106. 3. SRI. R.KUMARA SWAMY, S/O LATE RANGASWAMY AND KEMPAMMA, AGED ABOUT 45 YEARS, R/AT BASAVANA PALYA, SIRAGATE, TUMAKURU-572106. 4. SMT. JAYAMMA, W/O SHIVANNA, AGED ABOUT 84 YEARS, R/AT MELEKOTE, GANGASANDRA ROAD, TUMAKURU-572105. 5. SMT. SHANTHA DURGADEVI, W/O DR.M.R.HULINAYAKAR, AGED ABOUT 75 YEARS, R/AT SHIVADEEPTHI NILAYA, S.S.PURAM MAIN ROAD, BEHIND D.C.C. BANK, TUMAKURU-572102. - 3 - HC-KAR NC: 2025:KHC:44091 WP No. 31129 of 2025 6. SRI. MALLIKARJUNAIAH, S/O LATE NINGAPPA, AGED ABOUT 61 YEARS, BEHIND VIVEKANANDA SCHOOL, R/AT 7TH A CROSS, VIDYANAGARA, TUMAKURU-572103. …RESPONDENTS (BY SRI.KUMARASWAMY D., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, TUMAKURU IN FDP NO. 26/2021 ON IAS FILED BY THE R1 TO 4 HEREIN U/O 26 RULE 13 OF CPC AND ALSO U/S 151 OF CPC DATED 02.08.2025 VIDE ANNX-G; II. CONSEQUENTLY, DISMISS THE APPLICATIONS FILED BY THE R1 TO R4 HEREIN U/O 26 RULE 13 OF CPC DATED 23.04.2025 AND ALSO U/S 151 OF CPC DATED 24.06.2025 IN FDP NO. 26/2021 VIDE ANNEXURE-D AND E PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM TUMAKURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:44091 WP No. 31129 of 2025 ORAL ORDER The petitioners are the defendants in a suit for partition, which is successfully pursued by the legal heirs of the original plaintiff with a decree for division of two of the immovable properties by metes and bounds with the dismissal of the suit for the other properties. The legal representatives of the original plaintiff have also succeeded in successfully defending the first appeal by the petitioners, but the petitioners' second appeal is pending consideration. The Principal Senior Civil Judge, and CJM, Tumakuru [for short, 'the civil Court'] by the impugned order dated 02.08.2025 [Annexure-G] in FDP No.26/2021 has appointed the jurisdictional PWD Engineer as the Court Commissioner to visit the two properties mentioned [the suit Item Nos.1 and 2] and file a report with the assistance of the jurisdictional ADLR on division of these properties by metes and bounds. - 5 - HC-KAR NC: 2025:KHC:44091 WP No. 31129 of 2025 Sri M.S. Nagaraja, the learned counsel for the petitioners, while reiterating that the petitioners' second appeal is pending before this Court and that this Court has granted interim orders staying drawing up of final decree, submits that the civil Court could not have allowed the application appointing a Court Commissioner when it is undisputed that the final decree proceedings are initiated in the year 2021; that the appeal by another defendant is pending consideration; and that the petitioners have not filed Objection Statement opposing the application for the final decree. The question for interference is examined in the light of the facts and the grievance recorded above, but this Court is not persuaded to interfere because this Court in the petitioners' second appeal, in stipulating that drawing up of the final decree is stayed, has permitted the final decree proceedings to continue and the civil Court's order is only in the aid - 6 - HC-KAR NC: 2025:KHC:44091 WP No. 31129 of 2025 of drawing up of the final decree. Further, this Court must observe that the petitioners cannot really be aggrieved because they would still have the opportunity to file a memo of instructions and also objections to the report that the Commissioner may file. With just liberties in this regard, the petition is rejected. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr