- 1 - HC-KAR NC: 2025:KHC:42019 WP No. 5460 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5460 OF 2024 (GM-CPC) BETWEEN: MR. CHANDPEER AGED ABOUT 39 YEARS S/O JANAB SATTAR SAHEB MUTTON MERCHANT R/O 3RD MAIN, 11TH CROSS VINOBHANAGARA DAVANAGERE - 577 004. …PETITIONER (BY SRI RAMA BHAT K, ADV.) AND: SMT. SHAHEEDA TANSEEM AGED ABOUT 46 YEARS W/O S.A. JAMEEL. REP BY HER GPA HOLDER SMT. SURAYYA PARVEN W/O RAZALLA KHAN R/O 3RD MAIN, 14TH CROSS PARVEEZ COTTAGE VINOBHANAGARA DAVANAGERE - 577 004. …RESPONDENT (BY SRI MAHESH Y.L, ADV., FOR R-1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION AND THEREBY SET ASIDE THE ORDER DATED 15/11/2023 PASSED BY THE HONBLE II ADDL. DIST. AND SESSIONS JUDGE AT DAVANAGERE ON IN FILED UNDER ORDER XXVI RULE 9 OF CPC IN RENT REV. PETITION NO. 1/2023 AS ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42019 WP No. 5460 of 2024 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed with a prayer to set aside the order dated 15.11.2023 passed by the Court of II Additional District and Sessions Judge, Davanagere passed on I.A.No.II filed by the petitioner herein under Order XXVI Rule 9 of CPC, in Rent Revision Petition No.1/2023. 2. Heard the Learned Counsel for the parties. 3. Respondent herein had filed H.R.C.No.4 of 2016 against the petitioner to evict the petitioner from the petition schedule premises. The said petition was allowed by the Court of Principal Civil Judge and JMFC, Davanagere on 09.03.2023. As against the order passed in H.R.C.No.4 of 2016, the petitioner has filed Rent Revision Petition No.1 of 2023, which is pending consideration before the Court of II Additional District & Sessions Judge, Davanagere and in the said proceedings, I.A.No.II was filed under Order XXVI Rule 9 R/w Section 151 of CPC to appoint a court commissioner to inspect - 3 - HC-KAR NC: 2025:KHC:42019 WP No. 5460 of 2024 and measure the entire plinth area and carpet area of petition schedule premises. The said application was opposed by the respondent - landlord and the revisional Court, vide the order impugned has rejected I.A.No.II and being aggrieved by the same, the petitioner is before this court. 4. Learned counsel for the petitioner submits that the plinth area of the petition schedule premises is more than 14 square meters and therefore the provision of the Karnataka Rent Act, would not be applicable. It is under these circumstances, an application was filed before the Revisional Court to appoint a Court Commissioner to inspect and measure the entire plinth area of the petition schedule property since there is no other material available on record, to prove the exact plinth area of the petition schedule property. 5. Learned counsel for the respondent fairly submits that the respondent has no objection to grant the prayer made in I.A.No.II. He submits that the eviction proceedings is of the year 2016. Therefore, the Revisional Court may be directed to dispose of the revision petition expeditiously. - 4 - HC-KAR NC: 2025:KHC:42019 WP No. 5460 of 2024 6. Submissions made on both sides placed on the reocrd. 7. Accordingly, the following:- ORDER i. Writ petition is allowed. ii. The impugned order dated 15.11.2023 passed by the Court of II Addl. District & Sessions Judge, Davanagere on I.A.No.II filed under Order XXVI Rule 9 R/w Section 151 of CPC by the petitioner is set aside and consequently the prayer made in I.A.No.II is granted. iii. It is needless to state that since the eviction proceedings has been initiated by the respondent against the petitioner herein in the year 2016, the Revisional Court shall make all endeavours to dispose of the Rent Revision petition no.1 of 2023 as expeditiously as possible, without granting unnecessary adjournments to any one of the parties - 5 - HC-KAR NC: 2025:KHC:42019 WP No. 5460 of 2024 Pending applications if any, do not survive for consideration and the same are accordingly disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 23