- 1 - HC-KAR CNR: KAHC010392722024 NC: 2026:KHC:48196 WP No. 19592 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19592 OF 2024 (GM-CPC) BETWEEN: SRI NARAYANAPPA S/O CHOWDAPPA AGED ABOUT 75 YEARS R/AT SONNAHALLIPURA VILLAGE SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT PIN CODE - 562 114 PETITIONER IS NOT CLAIMING ANY SENIOR CITIZENSHIP NOT CLAIMED …PETITIONER (BY SRI. A.G.NAGARAJA, ADVOCATE) AND: 1. SMT.PILLAMMA W/O LATE SUBBARAYAPPA AGED ABOUT 73 YEARS 2. SRI RAMESHA S/O LATE SUBBARAYAPPA AGED ABOUT 58 YEARS 3. SRI.NARAYANASWAMY S/O LATE SUBBARAYAPPA AGED ABOUT 56 YEARS 4. SRI CHANDRAPPA S/O LATE SUBBARAYAPPA AGED ABOUT 53 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010392722024 NC: 2026:KHC:48196 WP No. 19592 of 2024 5. SRI NAGESH S/O LATE SUBBARAYAPPA AGED ABOUT 51 YEARS 6. SRI LOKESH S/O LATE SUBBARAYAPPA AGED ABOUT 48 YEARS 7. SMT.PARVATHAMMA W/O LATE LAKSHMAIAH AGED ABOUT 58 YEARS 8. SRI SUMAN KUMAR S/O LATE LAKSHMAIAH AGED ABOUT 37 YEARS 9. SRI VIJAYAKUMAR S/O LATE LAKSHMAIAH AGED ABOUT 33 YEARS 10. SRI KEMPAIAH S/O CHOWDAPPA AGED ABOUT 68 YEARS RESPONDENTS NO.1 TO 10 ARE RESIDING AT DODDARALAGERE VILLAGE SULIBELE HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114 11. SMT NARAYANAMMA D/O CHOWDAPPA W/O NARYANAPPA AGED ABOUT 61 YEARS R/AT DODDASOKKANADAHALLI VILLAGE JANGAMAKOTE HOBLI, NAGAMANGALA POST, CHIKKABALLAPUR TALUK AND DISTRICT - 562 102 - 3 - HC-KAR CNR: KAHC010392722024 NC: 2026:KHC:48196 WP No. 19592 of 2024 12. SRI RAMAIAH S/O CHOWDAPPA AGED ABOUT 64 YEARS R/AT DODDARALAGERE VILLAGE SULIBELE HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114 13. SRI CHIKKAVENKATAPPA @ BILIYAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 70 YEARS RESIDING AT SONNAHALLIPURA VILLAGE SULIBELE HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114 14. SRI VENKATASWAMY S/O LATE CHIKKAMUNISHAMAPPA AGED ABOUT 72 YEARS R/AT SONNAHALLIPURA VILLAGE SULIBELE HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114 15. SRI KRISHNASWAMY S/O LATE CHIKKAMUNISHAMAPPA AGED ABOUT 68 YEARS R/AT SONNAHALLIPURA VILLAGE SULIBELE HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562 114 …RESPONDENTS (BY SRI.P.M.SIDDAMALLAPPA, ADVOCATE FOR R14 AND R15 NOTICE TO R1 TO R13 ARE DISPENSED WITH V/O/DATED: 30/07/2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED: 04.06.2024 PASSED ON I.A. IN O.S.2418/2022 PENDING ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC AT HOSAKOTE PRODUCED AT ANNEXURE-A. - 4 - HC-KAR CNR: KAHC010392722024 NC: 2026:KHC:48196 WP No. 19592 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 04.06.2024 passed in I.A.No.13 in O.S.No.2418/2022 by the Senior Civil Judge and JMFC, Hosakote, the petitioner is before this Court. 2. The petitioner is the plaintiff who has filed the suit for permanent injunction. After the evidence was completed, when the matter was posted for argument, at that stage, the present application was filed seeking appointment of a Court Commissioner to inspect the property and submit a report. That came to be rejected by order impugned. 3. The Court, while dismissing the application, observed that the plaintiff stated that to know the alleged possession and specific boundaries of the suit item No.1, the appointment of a commissioner is very much necessary. But as per the ratio laid down by the Apex Court and the High Court of Karnataka for collection of evidence Court commissioner should not be granted. Herein this case the plaintiff has to prove his - 5 - HC-KAR CNR: KAHC010392722024 NC: 2026:KHC:48196 WP No. 19592 of 2024 possession over the suit property by producing oral and documentary evidence. Therefore, the plaintiff has not made out any reasonable grounds to allow the application and rejected the application. Aggrieved thereby, the plaintiff is before this Court. 4. Learned counsel appearing for the plaintiff submits that when an application is filed seeking appointment of the Court Commission, the trial Court ought to have allowed the application. He has relied on the judgment of the Co-ordinate Bench of this Court in the case of Sri Shadaksharappa Vs. Kumari Vijayalaxmi and others, reported in 2023 (1) KCCR 637. 5. Learned counsel for the respondent submits that trial Court has rightly considered and passed an order and no interference is called for. 6. Having heard the learned counsel on either side, perused the material on record. The petitioner has filed an application to appoint the Assistant Director of Land Records, Hosakote Taluk, to conduct a local inspection of Item No.1 of - 6 - HC-KAR CNR: KAHC010392722024 NC: 2026:KHC:48196 WP No. 19592 of 2024 the suit schedule property, bearing Sy.No.25, measuring 1 acre 35 guntas, to measure the boundaries, and to report the same to the Court. Considering the nature of the suit, the claims made by both parties, and in the light of the law laid down in Sri Shadaksharappa’s case referred to supra, no prejudice would be caused to the defendant, and, in fact, it would be helpful to the Court while passing the judgment. In light of the claims made by both parties, this Court deems it appropriate to allow this application for the inspection of Item No.1 of the suit schedule property. Accordingly, this Court is passing the following: ORDER i. The order dated 04.06.2024 passed in I.A.No.13 in O.S.No.2418/2022 by the Senior Civil Judge and JMFC, Hosakote, is set aside and IA No.13 is allowed as indicated in this order. ii. Accordingly, the writ petition is allowed. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 14