- 1 - HC-KAR NC: 2026:KHC:32889 WP No. 1090 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 1090 OF 2020 (GM-CPC) BETWEEN: 1. SMT. VENKATALAKSHMAMMA W/O LATE ASHWATHAPPA AGED ABOUT 67 YEARS SINCE DECEASED BY LRS 1A. SMT. SUJATHAMMA W/O. ASHWATHAPPA AGED ABOUT 50 YEARS OCC: AGRICULTURE R/AT KOTHANURU VILLAGE AND POST SHIDLAGHATTA TALUK 1B. SMT. SHOBHA W/O. SHRI. LAKSHMAN OCC: AGRICULTURE R/AT E-MUTHUSANDRA VILLAGE HOSAKOTE TALLK BENGALURU DISTRICT 2. SHRI S GOVINDAPPA S/O LATE ASHWATHAPPA AGED ABOUT 46 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32889 WP No. 1090 of 2020 3. SHRI MURALI S/O LATE ASHWATHAPPA AGED ABOUT 38 YEARS 4. SHRI MUNIYAPPA S/O LATE DODDAPPA AGED ABOUT 63 YEARS 5. SHIR NARAYANASWAMY S/O LATE DODDAPPA AGED ABOUT 60 YEARS ALL OF THEM ARE RESIDING AT CHIKKASAGARAHALLI VILLAGE NANDI HOBLI CHIKKABALLAPUR TALUK - 562 103 …PETITIONERS (BY SRI. G.A. SRIKANTE GOWDA, ADVOCATE) AND: 1. SMT. RATHNAMMA D/O LATE DODDAPPA W/O KRISHNAPPA AGED ABOUT 63 YEARS R/AT NAGAMANGALA VILLAGE, JANGAMAKOTE HOBLI SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562 102 2. SMT BHARATHAMMA D/O LATE DODDAPPA W/O RAGHUPATHI AGED ABOUT 50 YEARS R/AT PATRENAHALLI VILLAGE, CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT - 562 101 - 3 - HC-KAR NC: 2026:KHC:32889 WP No. 1090 of 2020 3. SMT LAKSHMAMMA D/O LATE DODDAPPA W/O C MUNIYAPPA AGED ABOUT 73 YEARS R/AT AGALAKOTE VILLAGE DEVANAHALLI TALUK - 562 110 4. SMT NAGARATHNA S MURTHY @ NAGARATHNA CHANDRASHEKAR W/O H S SRIDHAR MURTHY AGED ABOUT 54 YEARS 5. SHR CHANDRASHEKAR S/O H S SRIDHAR MURTHY AGED ABOUT 30 YEARS RESPONDENTS NO.4 AND 5 ARE R/AT NO.848, I MAIN, I BLOCK HAL 3RD STAGE BENGALURU - 560 075 6. SHRI ADITYA RAVI RAJ S/O S JAIDEV AGED ABOUT 43 YEARS R/AT PLOT NO.E 1 VIKRAMAPURI COLONY SECUNDERABAD ANDHRA PRADESH - 500 015 …RESPONDENTS (BY SRI. ASHOK MESTA, ADVOCATE FOR R1 TO R3 VIDE ORDER DATED 09.03.2020, NOTICE TO R4 TO R6 IS DIPSENSED WITH) - 4 - HC-KAR NC: 2026:KHC:32889 WP No. 1090 of 2020 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND PROCEEDS OF THE CASE, SET ASIDE THE ORDER DTD.12.9.2019 (ANNEXURE-G) PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC CHIKKABALLAPUR ON IA NO.2 IN F.D.P.NO.13/2017 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 VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 12.09.2019 passed on I.A.No.2 filed under Order XXVI Rule 13 of the Code of Civil Procedure in FDP No.13/2017 by the II Additional Senior Civil Judge and JMFC, Chickballapur (hereinafter referred to as the 'Trial Court' for short). 2. Heard Sri G. A. Srikante Gowda, learned counsel appearing for the petitioners and Sri Ashok Mesta, learned counsel appearing for respondent Nos.1 to 3. - 5 - HC-KAR NC: 2026:KHC:32889 WP No. 1090 of 2020 3. Respondent Nos.1 and 2 filed a suit in O.S.No.115/2009 seeking the relief of partition and separate possession. The said suit came to be decreed vide judgment and decree dated 28.07.2017. Being aggrieved by the said judgment and decree, the petitioners have preferred a Regular First Appeal in RFA.No.1712/2017. The said appeal has been admitted, and the appellate Court has directed the FDP Court not to draw the final decree. 4. It is required to be noticed that the plaintiffs initiated final decree proceedings in FDP.No.13/2017. In the said proceedings, an application under Order XXVI Rule 13 of the Code of Civil Procedure is filed seeking the appointment of Court Commissioner. The Trial Court, under the impugned order, appointed the Tahsildar of Chikkaballapura as the Court Commissioner for the division of Item Nos.15 to 20 of the properties and the PDO of Chikkasagara Halli, Grama Panchayat, Nandi Hobli, Chikkaballapura Taluk as the Court Commissioner to divide - 6 - HC-KAR NC: 2026:KHC:32889 WP No. 1090 of 2020 the item Nos.15 to 20. This writ petition is filed challenging the said order. 5. It is required to be noticed that the matter is now sub judice in the Regular First Appeal with regard to the correctness of the judgment and decree passed by the Trial Court in O.S.No.115/2009. Hence the contention that there was earlier partition raised by the petitioner cannot be appreciated. 6. Be that as it may, this Court, in the aforesaid appeal, has neither stayed the judgment of the Trial Court nor the final decree proceedings. However, it has ordered that no final decree shall be drawn during the pendency of the appeal. Hence, in my considered view, there is no impediment to the Trial Court to proceed with final decree proceedings, hence the order of the Trial Court in appointing the Court Commissioner to carry out the exercise in the final decree proceedings is correct. - 7 - HC-KAR NC: 2026:KHC:32889 WP No. 1090 of 2020 7. In view of the aforementioned reasons, the writ petition is disposed of without interfering with the order of the Trial Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 14