- 1 - HC-KAR NC: 2026:KHC:18812 WP No. 9987 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.9987 OF 2024 (GM-CPC) BETWEEN: 1. SRI. K.R. SHIVAKUMAR S/O K.B.RUDRAPPA AGED ABOUT 72 YEARS 2. SRI K.R. PRAKASH S/O K.B. RUDRAPPA AGED ABOUT 64 YEARS 3. SRI K.R. THIPPESH S/O K.B. RUDRAPPA AGED ABOUT 61 YEARS 4. SRI K.R. VEERANNA S/O K.B. RUDRAPPA AGED ABOUT 58 YEARS 5. SRI K.R. PRABHU KUMAR S/O K.B. RUDRAPPA AGED ABOUT 55 YEARS ALL ARE R/AT NO.1990 MCC ‘A’ BLOCK PURUNDARA HOSPITAL ROAD DAVANAGERE – 577001. …PETITIONERS (BY SRI. K.N. NITISH, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18812 WP No. 9987 of 2024 AND: 1. SMT. O. CHIKKAVEERAMMA W/O O. MURIGEPPA AGED ABOUT 97 YEARS R/O DAVANAGERE NOW AT C/O Y.C.JAYASHREE NO.37/3, 2ND CROSS, 4TH BLOCK, KUMARA PARK WEST BENGALURU - 560020. 2. SMT. Y.C. JAYASHREE W/O Y.P. CHIKKAVEERAPPA, D/O LATE OREKONDY MURIGEPPA AGED ABOUT 80 YEARS HOUSE HOLD R/O DOOR NO.37/3 2ND CROSS, 4TH H BLOCK KUMARA PARK (WEST) BANGALORE - 560020. 3. SRI. O. PRABHU S/O O. CHANDRASHIEKARAPPA AGED ABOUT 64 YEARS R/O DOOR NO.78, FLAT NO.5 ASWATH ENCLAVE APARTMENTS EAST END ‘D’ MAIN ROAD JAYANAGARA 9TH BLOCK BENGALURU - 560069. 4. DR. GOWRAMMA D/O O. CHANDRASHEKARAPPA W/O B.M. SHIVASHANKAR AGED ABOUT 74 YEARS R/AT NO.13, SNOVER ROAD LAFAYETTE, NJ 07B48, USA. 5. SRI O. MUREGEPPA @ MURUGESH S/O O. CHANDRASHEKARAPPA AGED ABOUT 70 YEARS FLAT NO.10054, SOBHA ASPIRE - 3 - HC-KAR NC: 2026:KHC:18812 WP No. 9987 of 2024 TUMKUR ROAD, NAGASANDRA BENGALURU - 560073. 6. DR. UMA PRATHAP W/O DR. PRATHAP BASAPPA AGED ABOUT 66 YEARS 800, BROAD-MEDOWS COURT APT. – 203, VIRGINIA BEACH VIRGINIA 23462, USA. 7. SRI O. CHANNABASAPPA S/O O. CHANDRASHEKARAPPA AGED ABOUT 58 YEARS R/AT NO.114/2, BEHIND KARNATAKA WEIGHBRIDGE OPP. TRISHUL THEATER, P.B.ROAD DAVANAGERE – 577001. …RESPONDENTS (BY SRI. PARAMESWARAPPA C., ADVOCATE FOR R1 AND R2; SRI. P.B. AJIT, ADVOCATE FOR R3 AND R5; R7 - SERVED) THIS WRIT PEITITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07.02.2024 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AT DAVANAGERE IN FDP NO.29/2018 ON IA NO.15 AT ANNEXURE-N AND TO DIRECT THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM AT DAVANAGERE TO CONSIDER AND DISPOSE OF THE APPLICATION AT ANNEXURE-F IN IA NO.7 FILED IN FDP NO.29/2018 BY THE PETITIONERS HEREIN, BEFORE PROCEEDING FURTHER IN THE PROCEEDINGS. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:18812 WP No. 9987 of 2024 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, the petitioners have called in question the order dated 07.02.2024 passed by the Principal Senior Civil Judge and CJM, Davanagere on I.A.No.XV filed by respondent Nos.1 and 2 herein under Order 26 Rule 13 of CPC in FDP No.29/2018, whereby the said application for appointment of a Court Commissioner is allowed. 2. The respondent Nos.1 and 2 filed a final decree proceedings in FDP No.29/2018 before the Principal Senior Civil Judge and CJM, Davanagere on the basis of the preliminary decree dated 24.03.2018 passed in O.S.No.133/2014. 3. The only grievance of the petitioners herein is that Sy.No.110/3F2 of Anekonda Village in Davanagere Taluk measuring 4 guntas belongs to the petitioners herein. The Trial Court has excluded that property while - 5 - HC-KAR NC: 2026:KHC:18812 WP No. 9987 of 2024 passing the preliminary decree. Pursuant to that, the Court Commissioner has also submitted a report. The same is produced at Annexure-H. The learned counsel for the petitioners submitted that if the respondents are obtaining the final decree proceedings excluding that property, they have no objection. 4. The learned counsel for respondent Nos.1 and 2 submitted that since the Trial Court has already excluded 4 guntas of land in Sy.No.110/3F2, the respondents are not claiming any shares in the said property. They are seeking partition in the remaining extent of the property as per the report submitted by the Court Commissioner at Annexure-H. 5. Now the new Court Commissioner appointed by the Court in FDP is also determining the share of the parties on the basis of the sketch produced earlier by the Court Commissioner vide Annexure-H. Since the rights of the petitioners is not affected and on the basis of the - 6 - HC-KAR NC: 2026:KHC:18812 WP No. 9987 of 2024 undertaking of respondent Nos.1 and 2, the writ petition can be disposed of. 6. Accordingly, the following order is passed: ORDER (i) The writ petition is disposed of. (ii) The FDP Court is directed to proceed with the proceedings in accordance with law, excluding the 4 guntas of land situated in Sy.No.110/3F2 of Anekonda Village in Davanagere Taluk, as per Annexure-H. All pending applications stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE MD List No.: 1 Sl No.: 51