- 1 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.19878/2022 (GM-CPC) BETWEEN: SRI. P.M. NARASIMHA S/O LATE P.G. MUNISWAMY AGED ABOUT 62 YEARS R/AT DOOR NO 41, NOVA STREET SHIVAJI ROAD CROSS SHIVAJI NAGAR, BENGALURU 560051. …PETITIONER (BY SRI. PREETHAM G.K. ADV., FOR SMT. LAKSHMI MENON, ADV.,) AND: 1. SRI. P.V. RAMESH S/O LATE P.G. VENKATANNA AGED AOUT 61 YEARS R/AT NO.71, D NO 2ND STREET BROADWAY CROSS ROAD SHIVAJI NAGAR, BENGALURU 560051. 2. SMT. P.M. LAKSHMAMMA W/O LATE P.G. MUNISWAMY R/AT NO 10, SHIVAJI ROAD CROSS B NO 13 STREET, SHIVAJI NAGAR BENGALURU 560051. MR. KUPPUSWAMY S/O LATE P.G. MUNISWAMY SINCE DECEASED BY HIS LR’S. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 3. SMT. P.K. BHANU W/O LATE P.M. KUPPUSWAMY. 4. MR. P.K. SATISH S/O LATE P.M. KUPPUSWAMY. 5. P.K. SAMPATH S/O LATE P.M. KUPPUSWAMY ALL ARE R/AT C/O SAMPATH S/O LATE P M KUPPUSWAMY NO.39-77, 3RD CROSS MAGADI ROAD, CHOLARAPALYA BENGALURU 560023. 6. SRI. P.M. VENKATESH S/O LATE P.G. MUNISWAMY. 7. SRI. P.M. DURGAIAH S/O LATE P.G. MUNISWAMY. 8. SRI. P.M. MUTHYALU S/O LATE P.G. MUNISWAMY. ALL ARE R/AT NO 10 SHIVAJI ROAD CROSS E NO 13 STREET, SHIVAJI NAGAR BENGALURU 560051. 9. SMT. RANI W/O LATE M.V. YADAV R/AT ROOM NO.296, B-20 PRITHIKSHA NAGAR SION, KOLIWADA MUMBAI-400022. SRI. O.R. NARAYAN S/O LATE O.R. RAMASWAMY SINCE DECEASED BY HIS LR’S. - 3 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 10. MR. O.N. GAJANAND S/O LATE O.R. NARAYAN. 11. MR. O.N. NITHYANAND S/O LATE O.R. NARAYAN. 12. MR. O.N. NAGESH S/O LATE O.R. NARAYAN. ALL ARE R/A NO.37 M R ROAD CROSS 11TH STREET, KAMATIPURA MUMBAI-400008. 13. SMT. E.D. RENUKA W/O E.E. DASARATH R/A NO.9, L NO.5TH STREET COMMISSARIAT MAIN ROAD BEHIND HANDICAPPED SOCIAL WELFARE SERVICE CENTRE ASHOKNAGAR, BANGALORE-25. 14. JAMUNA .C W/O N. CHINNARAJ R/A NO.2, KHB BUILDING A STREET, JAIRAJ NAGAR ULSOOR, BANGALORE-8. 15. SMT. M. REKHA W/O MURTHY R/A NO.10/12, PARK ROAD 7TH CROSS, COX TOWN JEEVANAHALLI, BANGALORE-15. 16. SMT. P.R. VACHCHALA @ RAJASHREE P.R. W/O P V RAMESH R/A NO.71, D NO. 2ND STREET BROADWAY ROAD CROSS SHIVAJINAGAR, BANGALORE – 51. - 4 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 17. SMT. G.N. DEVI W/O G.V. NAGAIAH (LATE) SINCE DECEASED BY HER LR’S. SMT. PARAMESHWARI O.C D/O LATE G V NAGAIAH AND W/O O R CHANDER. 18. SMT. ANU LATHA R K D/O LATE G V NAGAIAH AND W/O R. KANNAIAH. 19. SRI. N. NAGESH S/O LATE G V NAGESH. ALL ARE R/AT. NO.15 PANCHASHEEL NIVAS, NO.169 M R ROAD, 5TH LANE KAMTIPURA, BOMBAY 400008. 20. SMT. BANU E.M. W/O E.R. MUNATH R/A NO.9, SHIVAJI ROAD CROSS 4TH CROSS, N K PALYA SHIVAJINAGAR, BANGALORE-51. 21. SMT. O.R. TANUJA W/O O.M. RAMESH R/AT NO.89, KHB ROAD MUDDAPPA GARDEN NEAR ITC COLONY COXTOWN, JEEVANAHALLI BANGALORE-15. 22. SMT. P.V. PUSHPA W/O LATE P G VENKATANNA R/AT NO 71, D NO 2ND STREET BOADWAY ROAD CROSS SHIVAJINAGAR, BANGALORE 560051. - 5 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 23. SRI. O.R. BABU S/O LATE O.R. RAMASWAMY (BD. MALA DOCTOR SHOP) ROOM NO 135, C 14 PRITHIKSHA NAGAR, SION KOLIWADA, MUMBAI 400022. 24. SRI. O.R. CHANDER S/O LATE O.R. RAMASWAMY SINCE DECEASED BY LR’S. SMT. O.C. PARAMESHWARI W/O LATE O.R. CHANDER. 25. SMT. O.C. ANITHA D/O LATE O.R. CHANDER AND W/O RAMESH .A 26. O.C. SUNITHA D/O LATE O.R. CHANDER. 27. MR. O.C. VISHAL S/O LATE O.R. CHANDER. ALL ARE R/AT - ROOM NO.15 BUILDING NO.169, PANCHASHEEL NIVAS M R ROAD, 5TH LANE, KAMATIPUR BOMBAY 400008. …RESPONDENTS (BY SRI. P. UDAYASHANKAR PAI, ADV., FOR R1 R2, R6 TO R8 ARE SERVED R3 TO R5 SERVICE OF NOTICE IS D/W V/C/O DTD:20.08.2026 R9 TO R27 SERVICE OF NOTICE IS D/W V/C/O DTD:20.10.2022) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 06.08.2022 PASSED IN RESPECT OF I.A.NO.3 FILED U/S 151 OF THE CODE OF CIVIL PROCEDURE, IN THE FDP - 6 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 127/2008 PENDING ON THE FILE OF THE HON’BLE IST ADDL CITY CIVIL JUDGE, BENGALURU (CCH-2) ANNEXURE-A & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 06.08.2022 passed on IA.No.3 in FDP.No.127/2008 by the I Additional City Civil Judge, Bengaluru, (CCH-2) (for short ‘the FDP Court’). 2. Heard Sri.Preetham G.K., learned counsel appearing for Smt.Lakshmi Menon, learned counsel for the petitioner, Sri.P.Udayashankar Pai, learned counsel for respondent No.1 and meticulously perused the material available on record. 3. Respondent No.1 filed a suit in OS.No.7036/1998 seeking partition and separate possession. The said suit came to be decreed vide judgment dated 26.10.2007. Respondent No.1 thereafter - 7 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 initiated the FDP proceedings in FDP.No.127/2008. The FDP Court ordered appointment of a Court Commissioner. Pursuant to the said order, the Court Commissioner executed the warrant by visiting the suit schedule property and submitted a report, which is produced at Annexure-N. The report indicates that the suit schedule property consists of a ground and first floor building which is nearly 80 years old. The ground floor comprises one Government fair shop in the front and four portions of small houses with RCC roof. The first floor was half built with two portions of a house with ACC sheet. A rough sketch has also been attached with the report. The Commissioner’s report concludes that the structures are existing on the suit schedule property and that there are tenants. The Commissioner has further observed that it would be difficult for him to measure the property without the assistance of a professional surveyor and also observed that there are tenants residing in the schedule property, there is a likelihood of obstruction during the visit. Hence, - 8 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 the Commissioner sought police assistance for himself and for the surveyor. 4. It is to be noticed that respondent No.1, who is the petitioner in the FDP proceedings, filed two applications i.e. IA.No.1 under Order XXVI Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short ‘CPC’), seeking appointment of a qualified surveyor to measure the suit schedule property and IA.No.2 under Section 151 of CPC seeking police assistance to the qualified surveyor, the petitioner, the Court Commissioner and the Advocate for the petitioner. It is further to be noticed that the said applications are pending consideration. In the interregnum, the petitioner filed IA.No.3 under Section 151 of the CPC seeking permission to sell the property through Court process, which came to be allowed by the trial Court vide order dated 06.08.2022. The trial Court, while allowing the application, recorded that respondent No.6/petitioner herein had not filed any objections to - 9 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 IA.No.3 and held that it would be appropriate to bring the property to public auction and allot the shares from the sale proceeds. 5. In my considered view, the FDP Court has committed a grave error in coming to a direct conclusion that the property is required to be sold without ascertaining whether the property is available for division and allotment of shares. The said aspect can be found out only if the qualified surveyor is appointed and based on his report, the FDP Court is required to take appropriate decision. In the absence of the report with regard to the possibility of division of property and allotment of the shares as per the preliminary decree, in my considered view, the FDP Court ought not to have proceeded to direct the sale of the property that too without providing any opportunity to the sharers to purchase the property. 6. Be that as it may, the ends of justice would be met if IA.Nos.1 and 2 filed by respondent No.1 seeking - 10 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 appointment of qualified surveyor is allowed with the help of police. The surveyor shall conduct the survey and submit a report to the FDP Court in a time bound manner. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 06.08.2022 passed on IA.No.3 in FDP.No.127/2008 by the I Additional City Civil Judge, Bengaluru, (CCH-2) is hereby set aside. iii. The trial Court shall appoint a qualified surveyor to conduct spot inspection and survey of the suit schedule property. The Commissioner shall submit the report and thereafter, the FDP Court to find out whether the suit schedule property can be bifurcated/divided into one fourth share as per the claim decree - 11 - HC-KAR CNR: KAHC010451482022 NC: 2026:KHC:44961 W.P. No.19878/2022 and if it is not possible to divide the same, then proceed to sell the property. iv. It is needless to observe that the FDP Court shall direct the jurisdictional police to render appropriate assistance to the qualified surveyor. v. The FDP Court shall fix the timeline for conducting survey and submission of the report. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 7