- 1 - HC-KAR NC: 2026:KHC:13950 WP No. 25582 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25582 OF 2025 (GM-CPC) BETWEEN: 1. SRI D HARSHA AGED ABOUT 30 YEARS S/O. DASE GOWDA NOW RESIDING AT NO.9 YADUGIRI NILAYA, HANIYAMBADI OPP. KALIKAMBA CERAMICS KAVERI NAGAR, MANDYA-571401. 2. SRI. MAHADEV AGED ABOUT 61 YEARS S/O. CHENNEGOWDA NOW R/AT NO.6/A KANAIKANA HALLI BENTENAHALLI POST KASABA HOBLI HASAN DISTRICT-573115. …PETITIONERS (BY SRI. HEGDE S RAMAKRISHNA., ADVOCATE) AND: 1. SMT MUTHU BAI AGED ABOUT 70 YEARS W/O. LATE SATHYANARAYANA RAO Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13950 WP No. 25582 of 2025 R/O 85, 9TH CROSS, PIPELINE ROAD DATHATREYA TEMPLE STREET MALLESWARAM, BENGALURU-560003. 2. SRI. MANJUNATHA AGED ABOUT 48 YEARS S/O. RAMAKRISHNAPPA R/O GIDADAKONENAHALLI YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU DISTRICT-560022. 3. SRI ANIL AGED ABOUT 50 YEARS ROYAL BOREWEL AND PROPERTIES NO. 2323, 'A', D GROUP LAYOUT R/GIDADAKONENAHALLI YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU DISTRICT-560022. …RESPONDENTS (BY SRI. G MANIVANNAN., ADVOCATE FOR C/R1: SERVICE OF NOTICE TO R2 AND R3 IS DISPENSED WITH V/O DATED: 17.10.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT BY SETTING ASIDE THE IMPUGNED ORDER DATED 16/06/2025, ON IA NO.9 UNDER ORDER XXVI RULE 9 READ WITH SECTION 151 CPC (ANNEXURE-A) PASSED BY XXXV ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU IN OS NO. 8841/2017 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13950 WP No. 25582 of 2025 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant Nos.1 and 3 under Article 227 of the Constitution of India, challenging the order dated 16.06.2025 passed by the XXXV Additional City Civil and Sessions Judge, Bengaluru, on I.A. No.9 in O.S. No.8841/2017, whereby the application filed by defendant No.1 seeking appointment of a Court Commissioner to conduct a survey of the suit schedule property was rejected. 2. The plaintiff/respondent No.1 has filed a suit in O.S.No.8841/2017 for permanent injunction in respect of Sy.No.8/16 of Gidadakonenahalli Village, Yeshwanthapura, Bangalore North Taluk. The Trial Court has observed that appointment of a Court Commissioner to conduct a survey would arise only when there is a dispute with regard to identification of the property. The Trial Court has recorded a finding that the documents produced by the plaintiff are sufficient to identify the suit schedule property. - 4 - HC-KAR NC: 2026:KHC:13950 WP No. 25582 of 2025 3. Though it is contended that the property bearing Sy. No.8/14 is involved, the same is not included in the suit schedule property. Further, the defendants have also not filed any counter-claim. If the defendants intend to identify or assert their rights over their property, they are at liberty to file a separate suit. On these grounds, the Trial Court has rejected the application. 4. This Court does not find any error or illegality in the order passed by the Trial Court. Accordingly, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 82