- 1 - HC-KAR NC: 2026:KHC:7376 WP No. 19613 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 19613 OF 2024 (GM-CPC) BETWEEN: 1. SRI S RAJEGOWDA, SINCE DEAD BY HIS LRS SMT. SHASHIKALA, D/O LATE RAJEGOWDA, W/O SRI. SUBBANNA, AGED ABOUT 56 YEARS, R/O NELAMANE VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 435. 2. SMT. PANKAJA, D/O LATE RAJEGOWDA, W/O SRI. HONNEGOWDA, AGED ABOUT 54 YEARS, R/O NELAMANE VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 435. 3. SMT. POORNIMA, D/O LATE RAJEGOWDA, W/O SRI NANJUNDEGOWDA, AGED ABOUT 51 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7376 WP No. 19613 of 2024 R/O NELAMANE VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 435. 4. SMT. MALINI, D/O LATE RAJEGOWDA, W/O SRI SUNIL KUMAR, AGED ABOUT 49 YEARS, R/O NELAMANE VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 435. 5. SRI. NAGENDRA PRASAD R, S/O LATE RAJEGOWDA, AGED ABOUT 47 YEARS, R/O NELAMANE VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 435. …PETITIONERS (BY SRI. JNANESH KUMAR K, ADVOCATE) AND: 1. SMT KANTHAMANI, W/O LATE M. PAPANNA, AGED ABOUT 51 YEARS, R/O NELAMANE VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 435. 2. SRI. ANIL KUMAR, S/O LATE M. PAPANNA, - 3 - HC-KAR NC: 2026:KHC:7376 WP No. 19613 of 2024 AGED ABOUT 40 YEARS, R/O NELAMANE VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 435. 3. SRI. HARISH, S/O LATE M. PAPANNA, AGED ABOUT 37 YEARS, R/O NELAMANE VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 435. …RESPONDENTS (BY SRI. NANJA REDDY P N, ADVOCATE FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNX-G DTD. 11.06.2024 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, AT SRIRANGAPATNA, MANDYA DISTRICT ON I.A. FILED UNDER ORDER XXVI RULE 9 R/W SECTION 151 OF CPC IN SUIT O.S.NO. 270/2013.GRANT AN INTERIM ORDER TO STAY THE IMPUGNED ORDER IS AT ANNX- G IN O.S.NO. 270/2013 ON THE FILE OF THE LEARNED ADDL CIVIL JUDGE ANF JMFC, AT SRIRANGAPATNA MANDYA DISTRICT AND 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 - 4 - HC-KAR NC: 2026:KHC:7376 WP No. 19613 of 2024 ORAL ORDER This petition by the plaintiffs in OS.No.270/2013 on the file of the Additional Civil Judge and JMFC, Srirangapatna, is directed against the impugned order dated 11.06.2024 whereby the trial Court accepted the report of the Court Commissioner appointed by the trial Court for conducting local inspection. 2. Heard the learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners/plaintiffs instituted the aforesaid suit against respondents/defendants for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the respondents/defendants. Before the trial Court, the petitioners/plaintiffs having filed an application for appointment of a Court Commissioner under Order - 5 - HC-KAR NC: 2026:KHC:7376 WP No. 19613 of 2024 XXVI Rule 9 of CPC, the trial Court allowed the application. The court commissioner conducted local inspection and submitted his report on 03.08.2022 before the trial Court. The respondents/defendants submitted that they have no objection to the report of the Court Commissioner, but however, the petitioners filed detailed objections to the Commissioner's report. It is the grievance of the petitioners that though the petitioners had filed detailed objections to the Commissioner's report and intends to examine/cross examine the Court Commissioner, the trial Court proceeded to pass the impugned order accepting the commissioner's report, aggrieved by which the petitioners are before this Court by way of the present petition. 4. A perusal of the material on record will indicate that though the petitioner had filed detailed objections to the report of the Court Commissioner on 19.10.2022, the trial Court has failed to consider the same and proceeded to pass the impugned order accepting the Commissioner's report which is impermissible in law inasmuch as once the - 6 - HC-KAR NC: 2026:KHC:7376 WP No. 19613 of 2024 Court Commissioner submits the report to the trial court, the proper procedure would be for the trial Court to consider the rival contentions on all aspects of the matter including the Commissioner's report and consider the same at the time of final disposal of the suit and not by way of an interlocutory order. It is also pertinent to note that the petitioner having filed objections to the Commissioner’s report, the petitioners as well as the respondents would be entitled to examine/cross examine the Commissioner with reference to his report and evidence. 5. Under these circumstances, I am of the considered opinion that the impugned order passed by the trial Court deserves to be set aside and the present petition deserves to be disposed of by issuing certain directions. 6. In result, I proceed to pass the following : ORDER i. Writ petition is hereby allowed. - 7 - HC-KAR NC: 2026:KHC:7376 WP No. 19613 of 2024 ii. Impugned order impugned order dated 11.06.2024 in OS.No.270/2013 on the file of the Additional Civil Judge and JMFC, Srirangapatna, is hereby set aside. iii. The trial Court is directed to permit the petitioners as well as respondents to examine/cross examine the Commissioner with reference to his report and evidence and proceed further in the matter. iv. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE RJ List No.: 1 Sl No.: 20