- 1 - HC-KAR CNR: KAHC010108312023 NC: 2026:KHC:46497 WP No. 4836 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 4836 OF 2023 (GM-CPC) BETWEEN: 1. SMT CHIKKAMMA W/O LATE ANJANAPPA, MAJOR IN AGED 59 YEARS, 2. SRI A GOPAL S/O LATE ANJANAPPA, AGED ABOUT 46 YEARS, 3. SRI A SHIVANNA S/O LATE ANJANAPPA, AGED ABOUT 44 YEARS, 4. SRI A REMEGOWDA S/O LATE ANJANAPPA, AGED ABOUT 42 YEARS, 5. SRI A MUNIRAJA S/O LATE ANJANAPPA, AGED ABOUT 40 YEARS, 6. SRI PILLEGOWDA S/O LATE ANJANAPPA, AGED ABOUT 38 YEARS, 7. SRI B A SOMASHEKAR S/O LATE ANJANAPPA, AGED ABOUT 37 YEARS, 8. SMT RATHNAMMA S/O LATE ANJANAPPA, AGED ABOUT 35 YEARS, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010108312023 NC: 2026:KHC:46497 WP No. 4836 of 2023 ALL THE PETITIONERS ARE RESIDING AT: BAGALUR VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK BENGALURU DISTRICT - 562 110. … PETITIONERS (BY SRI. SURESH D DESHPANDE., ADVOCATE) AND: 1. SMT PARVATHAMMA W/O LATE SHAMANNA, AGED ABOUT 60 YEARS, 2. SRI PILLEGOWDA S/O LATE SHAMANNA, AGED ABOUT 40 YEARS, RESPONDENTS NO.1 AND 2 ARE RESIDING AT BAGALUR VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT - 562 110 3. SMT RADHA W/O SOMANNA, D/O LATE SHAMANNA, AGED ABOUT 35 YEARS, R/ AT KODIGEHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT - 562 110 4. SRI SUBRAMANI S/O LATE SHAMANNA, AGED ABOUT 32 YEARS, R/AT BAGALUR VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT - 562 110 5. SMT SUGUNA W/O RAMAMURTHY, D/O LATE SHAMANNA, AGED ABOUT 30 YEARS, R/AT LAKKONDAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU DISTRICT - 562 114 - 3 - HC-KAR CNR: KAHC010108312023 NC: 2026:KHC:46497 WP No. 4836 of 2023 6. SMT SUSHEELAMMA D/O LATE NARAYANASWAMY, MAJOR IN AGE, R/AT MUTTASANDRA, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU DISTRICT - 562 114 7. SMT PARVATHAMMA D/O LATE NARAYANASWAMY, MAJOR, R/AT NALLUR VILLAGE CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 101 8. SMT PARVATHAMMA W/O R SHAMANNA, MAJOR, RESIDING AT BAGALUR VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT - 562 110 9. SRI BASAVE GOWDA S/O LATE KRISHNAPPA, AGED ABOUT 58 YEARS, 10. SMT THAYAMMA D/O LATE KRISHNAPPA, AGED ABOUT 54 YEARS, 11. SRI SOMANNA S/O LATE KRISHNAPPA, AGED ABOUT 48 YEARS, 12. SRI RAMESH S/O LATE KRISHNAPPA, AGED ABOUT 46 YEARS, 13. SRI SRINIVASA S/O LATE KRISHNAPPA, AGED ABOUT 44 YEARS, - 4 - HC-KAR CNR: KAHC010108312023 NC: 2026:KHC:46497 WP No. 4836 of 2023 RESPONDENTS NO.9 TO 13 ARE RESIDING AT: KODIGEHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT - 562 110 14. SMT NANJAMMA D/O LATE RAMANNA, AGED ABOUT 85 YEARS, R/ AT BAGALUR VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT - 562 110 … RESPONDENTS (BY SRI. THYAGARAJA B., ADVOCATE FOR R1 TO R7; SRI NARAYANASWAMY P.M., ADVOCATE FOR R9; SRI NAGENDRA N., ADVOCATE FOR R11 AND R14; SRI SHYAMA R., ADVOCATE FOR R12; R8 - SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT 10.01.2023 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC DEVANAHALLI IN O.S NO.80/2000 (ANNEXURE-P) AND DIRECT THE TRIAL COURT TO ACCEPT THE COMMISSIONER REPORT DT 14.12.2020 (ANNEXURE-M) TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present writ petition is filed by the plaintiffs assailing the order of the trial court passed as regards the Commissioner's report dated 10.01.2023. - 5 - HC-KAR CNR: KAHC010108312023 NC: 2026:KHC:46497 WP No. 4836 of 2023 2. The parties are referred to as per their ranking before the Trial Court. 3. The brief facts are that, plaintiffs had filed a suit for partition. It is further submitted that defendants had filed their written statement. During the course of proceedings, the plaintiff had filed an application for referring certain documents for scientific investigation under Order XXVI Rule 10A of CPC, insofar as signature of plaintiff Anjinappa found on Ex.D1, D15 and D16 and had sought for comparing the signatures found on such documents along with signatures found on Ex.D13 and D14. Further comparison was sought of the signatures of B.G.Rama Murthy found on Ex.D1, D15 and D16 as Scribe and it was sought that the signatures found on such documents ought to be compared with signatures found on Ex.D17, and to report whether they are made by the same person. - 6 - HC-KAR CNR: KAHC010108312023 NC: 2026:KHC:46497 WP No. 4836 of 2023 4. The Commissioner has submitted the report to the Court along with the findings and such report is dated 14.12.2020. 5. Learned counsel for plaintiffs submit that they have not filed any objections to the said report. 6. The trial court while considering the commissioner's report has set aside the commissioner's report and directed for re-submission of the report and referred the matter once again for fresh report. 7. Learned counsel for plaintiff submits that there was no occasion for the court to set aside the commissioner's report in its entirety. It is further submitted that the plaintiff having not objected to the same, the court ought not to have set aside the commissioner's report. 8. Learned counsel for defendants submit that they would take their stand on the commissioner's report and if - 7 - HC-KAR CNR: KAHC010108312023 NC: 2026:KHC:46497 WP No. 4836 of 2023 they have any grievance regarding the findings, liberty may be granted to file objections. 9. It is to be noticed that the finding of the court for setting aside the commissioner's report in its entirety does not appear to be appropriate considering that at the first instance, plaintiff did not file any objections to the commissioner's report. 10. Further, findings on certain aspects are contained in the commissioner's report. If both the parties have grievance, it is open for both the parties even at this stage to object to the same and it is open to the parties to subject the commissioner to examination during trial. The contentions of both parties insofar as commissioner's report is kept open. 11. Therefore, the order of the trial court requires to be set aside reserving liberty to both sides to take their stand by way of objections, if any, to the commissioner's - 8 - HC-KAR CNR: KAHC010108312023 NC: 2026:KHC:46497 WP No. 4836 of 2023 report and parties are at liberty to examine the commissioner during trial and elicit their objections and subject the commissioner to cross-examination as regards veracity of the report. 12. Accordingly, the order of the trial court dated 10.01.2023 is set aside. The matter is remitted back to the trial court to take on record the commissioner's report in terms of the observations made hereinabove. 13. The trial court to take note of the Circular on the administrative side which provides for disposal of old suits and taking note that suit is of the year 2000, the trial of the suit to be expedited. Accordingly, the petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE NP