- 1 - HC-KAR NC: 2025:KHC:43149 WP No. 17117 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 17117 OF 2023 (GM-CPC) BETWEEN: 1. LOKNAIK S/O PARAMESHWARA NAIK AGED BOUT 57 YEARS R/O KULAGATTE VILLAGE HONNALI TALUK DAVANAGERE DIST - 577 217. 2. AVINASH S/O LOKANAIK AGED BOUT 35 YEARS R/O KULAGATTE VILLAGE HONNALI TALUK DAVANAGERE DIST - 577 217. 3. ABILASH S/O LOKANAIK AGED BOUT 30 YEARS R/O KULAGATTE VILLAGE HONNALI TALUK DAVANAGERE DIST - 577 217. …PETITIONERS (BY SRI MAHANTESH S. HOSMATH, ADV.) AND: SAROJA BAI W/O PARAMESH NAIK AGED ABOUT 63 YEARS R/O ANJANEYAPURA VILLAGE KAMMARAGATTE POST HONNALI TALUK DVANAGERE DISTRICT - 577 217. …RESPONDENT (BY SRI SHEKHAR BADIGER, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43149 WP No. 17117 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC HARIHARA IN MA NO. 15/2021 DTD 26/05/2023 WHICH IS PRODUCED AT ANNEXURE-F AND THE IMPUGNED ORDER OD TI PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC HONNALI IN O.S NO. 106/2020 ON IA NO. 1 DTD 25/02/2021 WHICH IS PRODUCED AT ANNEXURE-D TO THE WP. 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 defendants challenging the order dated 25.02.2021 passed on I.A.No.I in O.S.No.106/2020 by the Court of Addl. Civil Judge & JMFC, Honnali and the order dated 26.05.2023 passed in M.A.No.15/2021 by the Court of Senior Civil Judge & JMFC, Harihara. 2. Learned counsel for the petitioners after arguing the matter for some time submits that, the dispute is with regard to certain gomala land measuring 2 acres which exists between the suit schedule the property bearing survey no.27/P1 and between property bearing survey no.27/P2 which is the absolute property of defendant no.1. He submits that, the defendants have filed an application under Order XXVI Rule 9 - 3 - HC-KAR NC: 2025:KHC:43149 WP No. 17117 of 2023 of CPC with a prayer to appoint court commissioner for the purpose of inspection of property and file a report. Though the said application was filed on 09.07.2021, till date no orders have been passed on the said application and if this petition is disposed of directing the Trial Court to consider the said application and pass appropriate orders, the petitioners would be satisfied. 3. The said submission is placed on record. 4. Writ petition is disposed of with a request to the Trial Court to consider the application filed by the defendants on 09.07.2021 under Order XXVI Rule 9 of CPC on its merits and pass appropriate orders on the said application as expeditiously as possible but not later than a period of two months from the date of receipt of certified copy of this order. 5. Pending IAs' do not survive for consideration and accordingly, the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 22