- 1 - HC-KAR NC: 2025:KHC:51113 WP No. 35563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 35563 OF 2025 (GM-CPC) BETWEEN: 1. SRI.T.RAMAIAH S/O THIMMARAYAPPA, AGED ABOUT 69 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED). 2. SMT.PREMASUDHA W/O T.RAMAIAH, AGED ABOUT 57 YEARS, BOTH ARE RESIDING AT NO.17, 1ST MAIN ROAD, MATHRU LAYOUT, NEW TOWN YELAHANKA, BANGALORE-560064. …PETITIONERS (BY SRI RAMESH KUMAR V, ADVOCATE FOR SRI. NARAYANA SWAMY P M, ADVOCATE) AND: SRI.B.K.RAMANNA, S/O MUDDAIAH, AGED ABOUT 78 YEARS, RESIDING AT NO.1818, MADHURA, C BLOCK, SAHAKARANAGAR, BANGALORE - 560092. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ON THE FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE AT MAYOHALL UNIT. IMPUGNED ORDER DATED 22.08.2025 PASSED IN O.S.NO.17837/2005. BANGALORE, AS PER ANNEXURE-A IN RESPECT OF THE APPLICATION UNDER SECTION XXVI RULE 9 OF CPC SEEKING TO APPOINT COURT Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51113 WP No. 35563 of 2025 COMMISSIONER FOR LOCAL INSPECTION OF THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the order appointing the Court Commissioner to ascertain the nature of the property and the developments that is said to have been made in the property. 2. The suit is for declaration and injunction. The Trial Court intended to know the status of the suit property through the Commissioner's report in view of the contentions raised by the defendant. 3. Under these circumstances, the Court does not find any reason to interfere with the order passed by the Trial Court. 4. While appointing the Commissioner, to the extent possible the Court shall issue the guidelines as held by this - 3 - HC-KAR NC: 2025:KHC:51113 WP No. 35563 of 2025 Court in Shadaksharappa vs Kumari Vijayalakshmi and Others1 5. Accordingly, writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn List No.: 1 Sl No.: 24 1 ILR 2023 3983