- 1 - HC-KAR NC: 2026:KHC:9885 WP No. 25079 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 25079 OF 2025 (GM-CPC) BETWEEN: SRI S CHANDRAPPA S/O SANJEEVAPPA, AGED ABOUT 68 YEARS, AGRICULTURIST, R/AT NO. HALEKUNDOORA, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 527. …PETITIONER (BY SRI. K.P.BHUVAN, ADVOCATE) AND: 1. SRI. BASAVARAJAPPA S/O. HANUMANTAPPA, AGED ABOUT 60 YEARS. 2. NIRANJANAMURTHY S/O HANUMANTAPPA, AGED ABOUT 55 YEARS, BOTH ARE R/AT HALEKUNDOORA VILLAGE, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 527. …RESPONDENTS (BY SRI. V JAVAHAR BABU, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9885 WP No. 25079 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASH THE IMPUGNED ORDER DATED 06.08.2025 ON I.A.NO.23 IN O.S. NO.443/2023 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSADURGA, AS PER ANNEXURE- A, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.443 of 2023 on the file of the Principal Civil Judge and JMFC, Hosadurga is directed against the impugned order dated 06.08.2025, whereby, the Trial Court directed the application-I.A.No.23 filed by the petitioner/plaintiff under Order 6 Rule 17 of CPC for amendment and application-I.A.No.24 filed by the petitioner/plaintiff under Order 26 Rule 9 of CPC for appointment of a Court Commissioner to be considered - 3 - HC-KAR NC: 2026:KHC:9885 WP No. 25079 of 2025 along with the merits of the suit, in view of the order passed by this Court in W.P.No.13600 of 2025. 2. Heard Sri.K.P.Bhuvan, learned counsel appearing for the petitioner and Sri.V.Javahar Babu, learned counsel appearing for the respondents. 3. Though several contentions have been urged by both sides, in support of their respective claims, a perusal of the impugned order will indicate that the only ground, on which, the Trial Court has directed I.A.Nos.23 and 24 to be considered along with the merits of the suit is by referring to an order passed by this Court in W.P.No.13600 of 2025. It is a matter of record and an undisputed fact that when the said writ petition was disposed of by this Court on 13.06.2025, the petitioner had not filed I.A.Nos. 23 and 24 and as such, the said order passed by this Court in W.P.No.13600 of 2025 dated 13.06.2025 could not have been made the basis for the Trial Court to direct that the applications-I.A.Nos.23 and 24 filed by the petitioner, subsequently, to be considered along with the merits of - 4 - HC-KAR NC: 2026:KHC:9885 WP No. 25079 of 2025 the suit. It is also pertinent to note that the impugned order is contrary to well settled principles governing procedure to be adopted by the Trial Court, while disposing of interlocutory applications, which do not permit the Trial Court to direct any interlocutory application to be kept pending and to be disposed of along with the merits of the suit, unless, otherwise, directed by this Court or the Apex Court. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court with a direction to dispose of I.A.Nos.23 and 24 on merits before proceeding further in the matter. 4. In view of the above, I pass the following: ORDER i) Writ Petition stands allowed. ii) The impugned order dated 06.08.2025 passed on I.A.No.24 in O.S.No.443 of 2023 by the Principal - 5 - HC-KAR NC: 2026:KHC:9885 WP No. 25079 of 2025 Civil Judge and JMFC, Hosadurga is hereby set aside. iii) The Trial Court is directed to dispose of I.A.Nos. 23 and 24, after providing sufficient and reasonable opportunities to both the parties and to proceed further thereafter and in accordance with law. iv) All rival contentions on merits/de-merits of the matter are kept open. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 3 Sl No.: 109