- 1 - HC-KAR NC: 2025:KHC:40124 WP No. 5236 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5236 OF 2024 (GM-CPC) BETWEEN: SMT. CHANDRAVATHI @ BHAGIRATHA W/O LATE SHIVANANDA AGED ABOUT 80 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMED R/AT DOOR NO 17-115 KARNATAKA HOUSING BOARD COLONY, ULLAL, DAKSHINA KANNADA DISTRICT - 575 020. …PETITIONER (BY SRI SACHIN B.S, ADV.) AND: 1. SRI PRASANNA R KAILAGE S/O LATE K RAJHUNATH BHAT AGED ABOUT 57 YEARS R/AT 392/3, SHRI VISHWESHWAR VENUGOPAL TEMPLE ANANTHA SHYANA TEMPLE ROAD KARKALA, DAKSHINA KANNADA - 574 101. 2. MESCOM (MANGALORE ELECTRIC SUPPLY COMPANY) REPRSENTED BY IT ASSISTANT EXECUTIVE ENGINEER CHEBUGUDDE, ULLAL DAKSHINA KANNADA DISTRICT - 575 020. …RESPONDENTS (BY SMT. ADLENE STEPHANIE MENDES, ADV., FOR R-1; R-2 SERVED - UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.02.2022 ON IA NO.2, COMMISSIONER REPORT DATED 21.06.2022, ORDER DATED 7.9.2022 MARKING COMMISSIONER REPORT AS EXHIBIT C1, AND ORDER DATED Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40124 WP No. 5236 of 2024 10.01.2024 ON IA.NO.11 AND 12 IN OS.NO.338 OF 22019 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALORE, DAKSHINA KANNADA AS PER ANNEXURE-A,B AND C AND CONSEQUENTLY ALLOW IA NO.11 AND 12 AS PRAYED FOR. 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. Defendant No.1 is before this Court in this petition filed under Article 227 of the Constitution of India, seeking for the following reliefs:- "a) Quash the impugned order dated:01.02.2022 on IA.No.2, Commissioner report dated:21.06.2022, order dated 7.9.2022 marking commissioner report as exbhit C1, and order dated 10.01.2024 on IA. No.11 and 12 in OS. No.338 of 2019 on the file of 1st Additional Senior civil Judge and CJM, Mangalore, Dakshina Kannada as per Annexure-a, b & C and consequently allow IA. No.11 & 12 are prayed for. b) Pass such other writ or directions or orders, as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:40124 WP No. 5236 of 2024 2. Learned counsel for respondent No.1 submits that the suit schedule property and the property in respect of which IA No.11 and 12 were filed are different. Therefore, the Trial Court was justified in rejecting the applications. 3. At this stage, learned counsel for the petitioner submits that this petition may be dismissed as not pressed with liberty to the petitioner to file a fresh application/s before the Trial Court seeking appointment of Commissioner in respect of the suit schedule property. He submits that if such an application/s is filed, the Trial Court may be directed to consider the same without being influenced by the observations made by the Trial Court in the order impugned dated 10.01.2024 passed on IA Nos.11 and 12 which is challenged in this petition. 4. Learned counsel for respondent No.1 submits that she has no objection for granting such liberty to the petitioner. 5. The submissions made on both sides is placed on record. Petition is dismissed as not pressed with liberty to the petitioner to file fresh application/s before the Trial Court for appointment of Court Commissioner in respect of the suit - 4 - HC-KAR NC: 2025:KHC:40124 WP No. 5236 of 2024 schedule property. It is made clear that if such an application is filed on behalf of the petitioner, the Trial Court shall consider and dispose off the same on merits without being influenced by the findings recorded by the Trial Court in the order impugned passed on IA Nos.11 and 12, within a period of one month from the date of such application. 6. In view of the disposal of the main petition, pending interlocutory applications if any, do not survive for consideration. Accordingly, they stand disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 30