- 1 - HC-KAR CNR: KAHC010451292026 NC: 2026:KHC:42847 WP No. 20589 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20589 OF 2026 (GM-CPC) BETWEEN: NAGARAJU S/O LATE BASAPPA, AGED ABOUT 59 YEARS, RESIDING AT CHOWLIHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK - 572 217 …PETITIONER (BY SRI. SHASHI BHUSHAN B.S., ADVOCATE) AND: 1. NETHRAMMA W/O REVANNA, AGED ABOUT 63 YEARS, RESIDING AT HALENAHALLI, HONNAVALLI HOBLI, TIPTUR TALUK - 572 217 2. JYOTHI, W/O LATE SHIVANNA, AGED ABOUT 45 YEARS, RESIDING AT B.HOSAHALLI, HONNAVALLI HOBLI, TIPTUR TALUK - 572 217 3. SHANKAR S/O LATE SHIVANNA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010451292026 NC: 2026:KHC:42847 WP No. 20589 of 2026 AGED ABOUT 42 YEARS, RESIDING AT B.HOSAHALLI, HONNAVALLI HOBLI, TIPTUR TALUK - 572 217 4. ARUN KUMAR S/O LATE SHIVANNA, AGED ABOUT 37 YEARS, RESIDING AT B.HOSAHALLI, HONNAVALLI HOBLI, TIPTUR TALUK - 572 217 5. SHIVANANDA S/O SHASHIDHARA, AGED ABOUT 39 YEARS, RESIDING AT CHIKKAPURA VILLAGE, MAYASANDRA HOBLI, TURUVEKERE TALUK - 572 221 6. DAYANANDA S/O SHASHIDHARA AGED ABOUT 30 YEARS, RESIDING AT CHIKKAPURA VILLAGE, MAYASANDRA HOBLI, TURUVEKERE TALUK - 572 221 7. PUSHPAVATHI, W/O PARAMESHWARA, AGED ABOUT 33 YEARS, RESIDING AT HOSA IYNAR HUNDI, TALAKADU HOBLI, KOLLEGALA TALUK - 571 440 8. SWARNAGOWRAMMA, W/O OMKARAMURTHY, - 3 - HC-KAR CNR: KAHC010451292026 NC: 2026:KHC:42847 WP No. 20589 of 2026 AGED ABOUT 57 YEARS, RESIDING AT CHOWLIHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK - 572 217 9. INDRAMMA, W/O JAGADEESH, AGED ABOUT 55 YEARS RESIDING AT CHOWLIHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK - 572 217 10. VEERENDRASWAMY, S/O LATE BASAPPA, AGED ABOUT 41 YEARS, RESIDING AT CHOWLIHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK - 572 217 11. KAMALAKSHI, W/O PRASHANTH, AGED ABOUT 51 YEARS, RESIDING AT AMMASANDRA, DANDINASHIVARA HOBLI, TURUVEKERE TALUK - 572 215 12. MEENAKSHI W/O UDAYASHANKAR, AGED ABOUT 46 YEARS, RESIDING AT NO.34, NEAR POST OFFICE, ARASEKERE, ARASEKERE TALUK - 573 103 …RESPONDENTS - 4 - HC-KAR CNR: KAHC010451292026 NC: 2026:KHC:42847 WP No. 20589 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT/ORDER/DIRECTION OF APPROPRIATE NATURE BY QUASHING THE ORDER (ANNEXURE- K) DATED 04.06.2026 PASSED IN F.D.P.NO.2/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, AS THE ORDER IS CONTRARY TO LAW AND CONSEQUENTLY THIS HONORABLE COURT MAY KINDLY DISMISS THE APPLICATION FILED BY THE RESPONDENT NO 1 TO RESPONDENT NO 7 UNDER ORDER 26 RULE 10(B) R/W SECTION 151 OF CPC (I.E I.A NO.5) ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the order dated 04.06.2026 passed in FDP No.2/2021 by the Senior Civil Judge and JMFC, Tiptur, the petitioner is before this Court. 2. By the order impugned, the Trial Court has allowed I.A.No.5 filed under Order XXVI Rule 10(B) of the CPC and appointed the ADLR attached to the Tahsildar's Office, Tiptur, as the Court Commissioner. He is at liberty to take assistance - 5 - HC-KAR CNR: KAHC010451292026 NC: 2026:KHC:42847 WP No. 20589 of 2026 of the Surveyor attached to his office for the purpose of conducting the survey. 3. Learned counsel for the petitioner submits that he has raised an objection to the appointment of the Court Commissioner, as the boundaries of some of the properties are not properly mentioned. In the absence of proper boundaries, the question of conducting a survey would not arise. It is submitted that all these objections have not been considered by the trial Court. 4. Having heard the learned counsel for the petitioner, perused the order passed by the trial Court, as well as the objections filed by him. The petitioner has merely contended that the boundaries are not mentioned. There is a preliminary decree that has attained finality, and the final decree proceedings are going on. If the Commissioner is appointed and a survey is conducted, it is in the interest of all the parties. If the petitioner has any objection to the same, he can always file his objections. At this stage, this Court is not inclined to interfere with the order passed by the Court. - 6 - HC-KAR CNR: KAHC010451292026 NC: 2026:KHC:42847 WP No. 20589 of 2026 5. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to raise his objections, if any, to the Commissioner’s report before the Court. ii. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 12