- 1 - HC-KAR NC: 2025:KHC:54268 WP No. 31881 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 31881 OF 2025 (GM-CPC) BETWEEN: SRI N.NARASIMAIAH SINCE DEAD BY LRS. SRI G.N. NARENDRA S/O. LATE NARASIMHAIAH AGED ABOUT 45 YEARS, R/AT NARAYANAPPA FARM, RMV II STAGE, GEDDALAHALLI, BENGALURU - 560 094. …PETITIONER (BY SRI MITHUN G.A., ADVOCATE) AND: SRI N. MUNIRAMAPPA SINCE DEAD BY HIS LRS. SMT. SHARADAMMA SINCE DEAD BY HER LRS. 1. SMT. RATHNAMMA W/O. SRI NARAYANAPPA, AGED ABOUT 77 YEARS, R/AT NO.8, RAMAKRISHNAPPA LAYOUT, RMV 2ND STAGE, BENGALURU - 560 094. SMT. ANUSUYA SINCE DEAD BY HER LRS. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54268 WP No. 31881 of 2025 2. SMT. PREMA W/O. MUNIRAJU D/O. LATE ANUSUYA AGED ABOUT 48 YEARS. 3. SMT. USHA W/O. SURESH KUMAR D/O. LATE ANUSUYA AGED ABOUT 47 YEARS R/AT NO.303 RUSHEEL APARTMENT NEXT TO PRAGATI SCHOOL ROYAL STEET ROAD KADUGODI BENGALURU - 560 067. 4. SRI N. MADHUSUDAN S/O. LATE M. NAGARAJ AND ANUSUYA AGED ABOUT 41 YEARS. RESPONDENTS NO.3 AND 5 ARE R/AT NO.316, PLOT NO.303, RUSHEEL APARTMENT, NEXT TO PRAGATHI SCHOOL ROYAL STREET ROAD KADUGODI, BENGALURU – 560 067. 5. SMT. SHOBHA W/O. SRI RAJASHEKAR AGED ABOUT 50 YEARS R/AT BENDIGANAHALLI VILLAGE HOSKOTE TALUK BENGALURU RURAL DISTRICT. 6. SRI SRINIVAS G.M. S/O. LATE SRI MUNIRAMAPP AGED ABOUT 71 YEARS R/AT NO.08, MUNIRAMAPPA GARDEN GEDDALAHALLI, SANJAYNAGAR RMV 2ND STAGE BENGALURU - 560 094. - 3 - HC-KAR NC: 2025:KHC:54268 WP No. 31881 of 2025 7. SRI VENKATESH M. S/O. LATE SRI MUNIRAMAPPA AGED ABOUT 60 YEARS R/AT NO.01 MUNIRAMAPPA GARDEN GEDDALAHALLI SANJAYNAGAR RMV 2ND STAGE BENGALURU - 560 094. 8. SMT. J.V. JAYALAKSHMAMMA W/O. LATE NARASIMHAIAH AGED ABOUT 69 YEARS R/AT N. N. FARM GEDDALAHALLI RMV II STAGE BENGALURU - 560 094. 9. SRI G. N. NAVEEN S/O. LATE NARASIMHAIAH AGED ABOUT 48 YEARS R/AT NARAYANAPPA FARM RMV II STAGE GEDDALAHALLI BENGALURU - 560 094. 10. SRI N. NANJAPPA S/O. LATE N. NARAYANAPPA AGED ABOUT 69 YEARS R/AT NO.72, N. N. FARM GEDDALAHALLI, RMV II STAGE BENGALURU - 560 94. N. MARISWAMAIAH SINCE DEAD BY LRS. CHANNAMMA SINCE DEAD BY LRS. 11. SMT. P. RUKKAMMA W/O. LATE MUNISWAMAIAH - 4 - HC-KAR NC: 2025:KHC:54268 WP No. 31881 of 2025 AGED ABOUT 79 YEARS. 12. SRI GOWDA @ BYREGOWDA S/O. LATE MUNISWAMAIAH AGED ABOUT 49 YEARS. 13. SRI NANI @ NARAYANA S/O. LATE MUNISWAMAIAH AGED ABOUT 44 YEARS. RESPONDENTS NO.11 TO 13 ARE R/AT GEDDALAHALLI VILLAGE KASABA HOBLI BENGALURU NORTH TALUK - 560 094. 14. SRI N. RAMESH S/O. LATE NARAYANAPPA AGED ABOUT 56 YEARS R/AT N. N. FARM GEDDALAHALLI VILLAGE KASABA HOBLI BENGALURU NORTH TALUK - 560 094. 15. SRI T. K. RAMKUMAR S/. T K. VENKATRAM AGED ABOUT 50 YEARS, R/AT NO.11, 'GEETHANJALI' 11TH CROSS, 4TH MAIN VYALIKAVAL BENGALURU - 560 003. 16. MRS. G.S. MAMATHA W/O. SRI G. MANJUNATH RAJU AGED ABOUT 48 YEARS R/AT NO.G2, GANESH RESIDENCY, 4TH MAIN 13TH CROSS MALLESWARAM - 5 - HC-KAR NC: 2025:KHC:54268 WP No. 31881 of 2025 BENGALURU - 560 003. 17. M/S. GAJA PROPERTIES A PARTNERSHIP FIRM REP. BY ITS PARTNERS REG. UNDER INDIAN PARTNERSHIP ACT, 1932 SMT. R. SUSHEELA & MADHU MOHAN H.C., HONEY RUSHEEL APARTMENTS, NO.37 3RD MAIN ROAD, AMARJYOTHI LAYOUT, SANJAYNAGAR, BENGALURU - 560 094. …RESPONDENTS (BY SMT. REVATHI D.P., ADVOCATE FOR R1 TO R7; SRI SHREERAM T. NAYAK, ADVOCATE FOR R10; SRI S. RAJESH, ADVOCATE FOR R11 AND R12) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHG THE IMPUGNED ORDER DATED 05.08.2025 IN F.D.P.NO.60/2017 ON THE FILE OF XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-7) VIDE ANNEXURE-A DIRECTING THE COURT COMMISSIONER DEMARCATE 26.25 GUNTAS OUT OF BLOCK 6 AS SHOWN IN THE COURT IN THE COURT COMMISSIONER REPORT IN ANNEXURE-F SUBMITTED PURSUANT TO I.A.NO.8, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:54268 WP No. 31881 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner and learned counsel for respondent Nos.1 to 7. 2. Keeping open the contentions of the unserved respondent Nos.8, 9 to 13, 16 and 17, this Court deems it appropriate to dispose of this matter. Of course, they have filed a memo of instructions to the Commissioner to carry- out the commission work and if the Commissioner has carried out the commission work in accordance with the memo of instructions furnished by all the parties and if there is any deviation or objection raised by any such parties including the petitioner, the respondents herein and others, by protecting the rights of the unserved respondents, the same shall be taken on record 3. The parties may raise such an issue before the FDP Court and the same be taken into consideration by - 7 - HC-KAR NC: 2025:KHC:54268 WP No. 31881 of 2025 the FDP Court and deal with the matter in accordance with law. Accordingly, this petition is disposed off. In view of disposal of this petition, pending application, if any does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 16