- 1 - HC-KAR NC: 2026:KHC:9591 WP No. 1556 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1556 OF 2026 (GM-CPC) BETWEEN: SRI. NARENDRA PATEL S/O. SRI. JIVRAJ BHAI PATEL AGED ABOUT 39 YEARS R/AT NO.45/2.04, 310, LAKSHMI NIWAS 2ND FLOOR, 1ST CROSS, 1ST MAIN MEENAKSHI LAYOUT, LVML, OPP. KSRP CAMP PARAPPANA AGRAHARA ELECTRONIC CITY POST, BENGALURU-560 100 …PETITIONER (BY SRI. RAMESH N., ADVOCATE) AND: SRI. P RAMACHANDRAN S/O LATE PONNUSAMY AGED ABOUT 63 YEARS R/AT NO.HB-B-2, II SC QUARTERS, HM MAIN ROAD BANGALORE-560022 …RESPONDENT (BY SRI. HARISH H.V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS PASSED BY THE LEARNED XXIX ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH 30) ON 02.12.2025 IN O.S.NO. 7669/2017 BY ALLOWING THE APPLICATION Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9591 WP No. 1556 of 2026 FILED BY THE R-1 UNDER ORDER 26 RULE 9 OF CPC AS I.A.NO.XXII WHICH IS PRODUCED AS ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Issue writ of Certiorari by quashing the impugned orders passed by the learned XXIX Addl. City Civil & Sessions Judge at Bengaluru (CCH-30) on 02.12.2025 in O.S.No.7669/2017 by allowing the application filed by the Respondent No.1 under Order 26 Rule 9 of CPC as IA.No.XXII which is produced as Annexure-A. b) Issue any other order/s as this Hon’ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioner submits that the limited grievance of the petitioner is that the Trial Court has appointed Assistant Executive Engineer, Ward No.191, Singasandra, Bommanahalli Zone, Bangalore South City Corporation as a Court Commissioner to measure the suit schedule property, though it is the ADLR, who is the appropriate person to - 3 - HC-KAR NC: 2026:KHC:9591 WP No. 1556 of 2026 act as a Court Commissioner and to conduct local inspection and to submit a report in this regard. 4. Per contra, learned counsel for the respondent submits that he has no objection for the ADLR also to be appointed as a Court Commissioner to submit a report jointly along with the Assistant Executive Engineer / Court Commissioner appointed by the Trial Court. 5. In view of the aforesaid facts and circumstances and joint submissions made by both sides, I deem it just and appropriate to dispose of this petition by modifying the impugned order and by issuing certain directions: 6. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 02.12.2025 passed on I.A.No.XXII in O.S.No.7669/2017 by the Trial Court is hereby modified. (iii) I.A.No.22 filed by the respondent-plaintiff under Order XXVI Rule 9 CPC is allowed by directing the - 4 - HC-KAR NC: 2026:KHC:9591 WP No. 1556 of 2026 Trial court to appoint the following persons as Court Commissioners to conduct joint local inspection in presence of the parties: “a) The Assistant Executive Engineer, Ward No.191, Singasandra, Bommanahalli zone, Bangalore South City Corporation. b) The Assistant Director of Land Records (ADLR), Bengaluru South, Bengaluru.” (iv) Liberty is reserved in favour of both sides to submit their respective Memos of Instructions before the Court Commissioners. (v) The Assistant Executive Engineer and ADLR referred to Supra shall conduct a joint survey/inspection and submit a common/joint report to the Trial Court, which shall proceed further, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 9