- 1 - HC-KAR NC: 2025:KHC:38515 WP No. 34018 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 34018 OF 2024 (GM-CPC) BETWEEN: THE KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OP SOCIETY LTD., NO.7/2, SURYA CHAMBER, 2ND FLOOR, 1ST MAIN ROAD, SHESHADRIPURAM, BANGALORE-560 020, REPRESENTED BY ITS SECRETARY SUDHAKAR. …PETITIONER (BY SRI.SAMPATH.A., ADVOCATE) AND: A.N.GOPI, S/O LATE NARAYANAPPA, AGED ABOUT 55 YEARS R/AT ALLALASANDRA, GKVK POST, BANGALORE-560 065. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR THE RECORDS. (B) DIRECTION AS THE CASE MAY BE TO QUASH Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38515 WP No. 34018 of 2024 THE ORDER 19.09.2024 PASSED BY THE LEARNED XXXV ADDL. CITY AND SESSIONS JUDGE, BENGALURU DISMISSING APPLICATION I.A.NO.20 TO APPOINT COURT COMMISSIONER AND ALLOW THE SAID APPLICATION. (C) GRANT SUCH OTHER RELIEF/S AS THIS COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE INCLUDING AWARDING THE COST OF THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER This petition has been filed seeking the following relief: (a) x x x. (b) Issue a writ of Certiorari or any other suitable writ, order, or direction as the case may be to quash the order 19.09.2024 passed by the learned XXXV Addl. City Civil & Sessions Judge, Bengaluru dismissing application I.A.No.20 to appoint Court Commissioner and allow the said application. (c) x x x 2. The petitioner is defendant No.2 in a suit for declaration and possession with damages which was filed by the plaintiff-respondent. In that suit an application under Order - 3 - HC-KAR NC: 2025:KHC:38515 WP No. 34018 of 2024 XXVI Rule 9 of Code of Civil Procedure, 19081 was filed by the petitioner bearing I.A.No.20 in O.S.No.7566/2011, seeking appointment of Commissioner with regard to identification of the suit property. The contention is that the I.A. has been rejected at the current stage by the order of 19.09.2024, holding that it is a premature stage and it would amount to collection of evidence. 3. The sole contention of learned counsel for the appellant is that right may be reserved to the petitioner to seek appointment of Commissioner at the appropriate stage after conclusion of evidence, in case the facts and circumstances so require. 4. In view of the submission of the learned counsel for the petitioner, this petition is disposed of reserving liberty to the petitioner to move an appropriate application for appointment of Commissioner, if the facts and circumstances so require at a later stage. 1 CPC - 4 - HC-KAR NC: 2025:KHC:38515 WP No. 34018 of 2024 It is made clear that we have not made any observation as to the maintainability or otherwise of any such application that may be filed. The trial Court shall examine such an application uninfluenced by any observation made herein. Sd/- (JAYANT BANERJI) JUDGE BVK List No.: 1 Sl No.: 18