- 1 - HC-KAR NC: 2025:KHC:53390 WP No. 28994 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.28994 OF 2025 (GM-CPC) BETWEEN: 1. SMT.SUMA D/O MURUGENDRAPPA W/O ESHWARAPPA AGED ABOUT 50 YEARS R/AT BIDAREKERE VILLAGE HOLALKERE TALUK CHITRADUGA DIST-577526 2. SMT.LATHA D/O MURUGENDRAPPA W/O SATHISH AGED ABOUT 47 YEARS 3. SMT.SHOBHA D/O MURUGENDRAPPA W/O PRAKASH AGED ABOUT 45 YEARS THE PETITIONER NOS.2 AND 3 ARE RESIDING AT KUDLURU VILLAGE AMRUTHAPURA HOBLI TARIKERE TALUK CHIKKAMAGALURU -577228 …PETITIONERS (BY SRI. GNANESH N I, ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53390 WP No. 28994 of 2025 AND: 1. SMT. SAKAMMA W/O THAMMAIAH SINCE DEAD BY LRS MEENAKSHI W/O YOGEESHAPPA AGED ABOUT 55 YEARS OCC: AGRICULTURIST R/AT KAGGI VILLAGE TAVAREKERE HOBLI CHANNAGIRI TALUK 2. CHANDRAKALA W/O LATE LINGAMURTHY AGED ABOUT 53 YEARS AGRICULTURIST R/O KAGGI VILLAGE TAVAREKERE HOBLI CHANNAGIRI TALUK 3. SRI.DHANYA KUMAR S/O LATE THAMMAIAH AGED ABOUT 45 YEARS 4. SRI.SHANKARMURTHY S/O LATE THAMMAIAH AGED ABOUT 43 YEARS BOTH RESPONDENT NOS.2 AND 3 ARE R/OF TADAGA VILLAGE SHIVANI HOBLI AJJAMPURA TALUK …RESPONDENTS (BY SRI.H.B.RUDRESH, ADVOCATE FOR R.2 TO R.4 (P/H) - 3 - HC-KAR NC: 2025:KHC:53390 WP No. 28994 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11/07/2023 PASSED BY THE CIVIL JUDGE AND ADDL. JMFC, TARIKERE IN O.S NO.141/2019 ON IA NO.VIII PRODUCED AT ANNX-E AND THEREBY ALLOW THE SAID APPLICATION OF PETITIONERS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioners - plaintiffs being aggrieved by the order dated 11.07.2023 passed by the Civil Judge and Addl. JMFC, Tarikere in O.S.No.141/2019 on I.A.No.VIII. 2. The parties shall be referred to as per the status before the Trial Court. 3. Plaintiffs filed suit against the defendants for the relief of declaration and consequential reliefs. During the course of the suit proceedings, an application came to be filed by the plaintiffs in IA No.8 under Order XXVI Rule 9 - 4 - HC-KAR NC: 2025:KHC:53390 WP No. 28994 of 2025 read with Section 151 CPC., for appointment of ADLR attached to the Office of Tahashildar, Ajjampura as Court Commissioner to measure and fix Haddubasth of Survey No.121/1 (121/4 to 7) of Tadaga Village, Shivani Hobli, Ajjampura Taluk. 4. On contest, the application filed by the plaintiffs came to be rejected. Aggrieved by which, the plaintiffs are before this Court. 5. During the course of arguments, learned counsel for the respondents - defendants filed a memo dated 15.12.2025. The said memo reads as under; "MEMO Based on the order passed by the D.D.L.R vide Annexure-R1, the ADLR prepared Fresh Phodi vide Annexure-R.2 and subsequently, issued the Akkarbandu vide Annexure-R.3 and RTC vide Annexure-R.4. In view of the same, the above said writ petition can be allowed. Hence, this memo in the interest of justice and equity." 6. In view of the memo filed by the learned counsel for the respondents, it appears that as per the order - 5 - HC-KAR NC: 2025:KHC:53390 WP No. 28994 of 2025 passed by the DDLR vide Annexure-R1 and subsequently, Akkarband having been issued vide Annexure-R3 and RTC vide Annexure - R4, the respondents - defendants would not have any objection in the petition being allowed for appointment of the Court Commissioner. 7. In view of the memo filed by the learned counsel for the respondents - defendants and the submission made by the learned counsel for the respondents - defendants that he would not have objections on the Commissioner being appointed to conduct commission work for measurement and fix Haddubasth of Sy. No.121/1 (121/4 to 7) of Tadaga Village, Shivani Hobli, Ajjampura Taluk - the suit schedule property, this petition could be allowed without going into the merits of the matter. Keeping, of course, in consonance with the report furnished by the DDLR and the ADLR, which is annexed along with this petition and in view of contention of the learned counsel for the petitioners - plaintiffs that I.A.No.VIII may be allowed to appoint the Commissioner - 6 - HC-KAR NC: 2025:KHC:53390 WP No. 28994 of 2025 to measure the property and fix Haddubasth of the suit schedule property, I pass the following; ORDER (i) The writ petition is allowed. (ii) The impugned order dated 11.07.2023 passed by the Trial Court in O.S.No.141/2019 on I.A.No.VIII is hereby set-aside. (iii) Consequently, I.A.No.VIII is allowed and the Commission work shall be carried out after obtaining memo of instructions from the respective parties. (iv) In view of the fact that the suit is of the year 2019, the trial Court shall expedite the matter. In view of disposal of this petition, I.A.No.1/2025 filed for production of documents is also disposed off. Sd/- (PRADEEP SINGH YERUR) JUDGEp NBM List No.: 1 Sl No.: 33