- 1 - HC-KAR CNR: KAHC010401342026 NC: 2026:KHC:36805 WP No. 18328 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 18328 OF 2026 (HRC) BETWEEN: SRI B.N.RAMACHANDRA S/O LATE B.N.NARAYANA GUPTA AGED ABOUT 59 YEARS R/AT NO. 43-2-3 HB SAMAJA ROAD ANNEX SOMASHEKHAR BUILDINGS BASAVANAGUDI, BENGALURU-560 004. …PETITIONER (BY SRI GOVINDA D., ADVOCATE) AND: 1. M/S ARYA VYSYA MANDALI (R) REP. BY ITS SECRETARY VENKATESH BABU NO.10/1, VS TEMPLE COMPLEX AVENUE ROAD CROSS BENGALURU - 560 002. ITS UNREGISTERED FIRM. 2. SRI R.K.BHASKAR S/O R.V.KRISHNA AGED ABOUT 32 YEARS R/AT NO.1-2 GOVINDAPPA ROAD BASAVANAGUDI BENGALURU - 560 004. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010401342026 NC: 2026:KHC:36805 WP No. 18328 of 2026 3. R.V.KRISHNA S/O R.M.VENKATACHALAPATHY AGED ABOUT 42 YEARS R/AT NO.1744/46 1ST MAIN ROAD MARUTHI EXTENSION SRIRAMPURAM, BENGALURU. 4. D.LOKESH S/O LATE B.T.DHARMARAJ AGED ABOUT 44 YEARS R/AT NO.4, SB CROSS ROAD VV PURAM, BENGALURU. …RESPONDENTS (BY SRI PARASHURAM R. HATTARAKIHAL., ADVOCATE FOR CR/R1) THIS WRIT PETITION IS FIELD UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ORDER DATED 02.05.2026 PASSED IN I.A.NO.2 IN HRC 18/2024 BY THE LEARNED VII ADDITIONAL JUDGE AND JMFC, COURT OF SMALL CAUSES AT BENGALURU (SCCH-3) VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR CNR: KAHC010401342026 NC: 2026:KHC:36805 WP No. 18328 of 2026 ORAL ORDER Petitioner who had earlier approached this Court by filing a House Rent Revision Petition in HRRP No.1/2026 being aggrieved by the order dated 15.10.2025 passed under Section 46(1) of the Karnataka Rent Act, 1999 in HRC No.18/2024, on the file of VII Additional Small Causes Judge, Bengaluru (hereinafter referred to as 'the Rent Court'), is before this Court yet again questioning the order passed by the Rent Court and an application filed under Order XXVI Rule 9 and 10 of CPC in terms of which the Rent Court has directed the Commissioner, BBMP to appoint a Civil Engineer as a Court Commissioner to secure his report by visiting the suit property and after giving opportunity to both the parties to submit a detailed report, whether the building is required to be demolition or not. 2. The aforesaid application for appointment of a Court Commissioner and the order thereof has been passed, in furtherance to the order of this Court passed in - 4 - HC-KAR CNR: KAHC010401342026 NC: 2026:KHC:36805 WP No. 18328 of 2026 the aforesaid HRRP No.1/2026, the operative portion of said order reads as under: ORDER i) '' The petition is allowed -in-part; ii) The impugned order dated 15.10.2025 passed in HRC.No.18/2024 by VII Additional Small Causes Judge, Bengaluru is set aside; iii) The matter is remitted to the Rent Court for appointing the Civil Engineer as a Court Commissioner and to secure his report and to pass appropriate orders based on the report by providing opportunity to the parties to lead any other additional evidence; iv) It is made clear that this Court has not expressed any opinion on the merits of the matter; v) While appointing the Civil Engineer attached to the Corporation, the guidelines laid down by the Co-ordinate Bench of this Court in the case of Sri Shadaksharappa vs. Kumari Vijayalaxmi and Others 1 shall be followed; vi) Since the issue raised in this petition is in a narrow campus, the Rent Court shall endeavour to dispose of the case as early as possible and both parties shall cooperate for early disposal. vii) It is expected that the matter would be disposed of within a period of four (04) months from the date of the receipt of a copy of this order. In view of disposal of the petition, pending interlocutory application, if any, does not survive for consideration.'' 3. The said order of this Court has not been challenged and the same has attained finality. When this 1 ILR 2023 Kar 3983 - 5 - HC-KAR CNR: KAHC010401342026 NC: 2026:KHC:36805 WP No. 18328 of 2026 Court had remitted the matter to the Rent Court with a specific direction to appoint a Civil Engineer, at the instances of the petitioner which order is implemented, the petitioner cannot have any grouse, for him to file this petition. In that view of the matter, petition is dismissed. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 14