- 1 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22479 OF 2026 (GM-CPC) BETWEEN: 1. SMT. NARAYANAMMA W/O. R. NARAYANA REDDY AND D/O. LATE. HANUMAKKA AGED ABOUT 71 YEARS RESIDING AT GUTTAPALYA VILLAGE GOWNAPALLI POST CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-563 161 2. SMT.NAGARATHNAMMA W/O. REDDAPPA D/O. LATE HANUMAKKA AGED ABOUT 60 YEARS RESIDING AT B.C. COLONY NEAR SRIRAMA TEMPLE B. KOTHAKOTE POST MADANAPALLI TALUK CHITTOOR DISTRICT-561 207 3. SMT. KANTHAMMA W/O. BALA REDDY AGED ABOUT 70 YEARS REP. BY HER GPA HOLDER MR.MOHAN. RESIDING AT GAJAGA VILLAGE BOODHIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT-563 114 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 4. SMT. SHANTHAMMA W/O. LATE. OBALA REDDY AGED ABOUT 58 YRS 5. SRI. HARISH S/O LATE OBALA REDDY AGED ABOUT 41 YRS 6. SRI. SURESH S/O. LATE. OBALA REDDY AGED ABOUT 40 YRS. PETITIONER NO.3 TO 6 ARE RESIDING AT GAJAGA VILLAGE BOODHIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT-563 114 7. SMT. N. SUDHA W/O. LATE. Y. SUBRAMANY AGED ABOUT 47 YRS 8. SRI. S.DARSHAN S/O. LATE Y. SUBRAMANY AGED ABOUT 28 YRS 9. SRI. S. VARSHINI S/O. LATE Y. SUBRAMANY AGED ABOUT 23 YRS PETITIONER NO.7 TO 9 ARE RESIDING AT GAJAGA VILLAGE BOODHIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT-563 114 …PETITIONERS (BY SRI. GOVARDHAN S., ADVOCATE) - 3 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 AND: 1. SRI RAJASHEKAR REDDY S/O. LATE. VENKATAPPA REDDY AGED ABOUT 75 YEARS 2. SRI. CHANDRASHEKAR REDDY S/O. LATE VENKATAPPA REDDY AGED ABOUT 77 YEARS 3. SMT. MALLAMMA W/O. LATE KRISHNA REDDY AGED ABOUT 65 YEARS NO.008, B BLOCK TNR VAISHNAVI APARTMENT VIBGYOR SCHOOL ROAD THUBARAHALLI VILLAGE RAMAGONDANAHALLI POST BENGALURU 560 066 4. SRI T.K. LOKESH REDDY S/O LATE KRISHNA REDDY AGED ABOUT 55 YEARS NO.008, B BLOCK TNR VAISHNAVI APARTMENT VIBGYOR SCHOOL ROAD THUBARAHALLI VILLAGE RAMAGONDANAHALLI POST BENGALURU -560 066 5. SMT. RUKMANI K. W/O LATE BABU REDDY D/O LATE KRISHNA REDDY AGED ABOUT 54 YEARS ULLAVAHALLI VILLAGE SAKALAVARA POST, JIGANI HOBLI ANEKAL TALUK, BANNERGHATTA ROAD, BENGALURU – 560083 - 4 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 6. SMT. VARALAKSHMI W/O SHANKAR REDDY D/O LATE KRISHNA REDDY AGED ABOUT 52 YEARS 28/1, PUTTAPPA COLONY NEAR MARKET NEW THIPPASANDRA POST BENGALURU – 560 075 7. SRI VENKATESH K. S/O LATE KRISHNA REDDY AGED ABOUT 50 YEARS R/AT. NO.008, B-BLOCK TNR VAISHNAVI APARTMENT VIBGYOR SCHOOL ROAD THUBARAHALLI VILLAGE RAMAGONDANAHALLI POST BENGALURU -560 066 8. SRI MANJUNATH K. S/O. LATE KRISHNA REDDY AGED ABOUT 50 YEARS NO.008, B-BLOCK TNR VAISHNAVI APARTMENT VIBGYOR SCHOOL ROAD THUBARAHALLI VILLAGE RAMAGONDANAHALLI POST BENGALURU- 560 066 9. SRI MUNIYAPPA REDDY S/O. LATE BADARIYAPPA @MUNISWAMY AGED ABOUT 65 YEARS 10. SRI CHANDRA REDDY S/O LATE BADARIYAPPA @MUNISWAMY AGED ABOUT 64 YEARS - 5 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 11. SRI MUNI REDDY S/O. LATE BADARIYAPPA @MUNISWAMY AGED ABOUT 59 YEARS RESPONDENTS NO.9 TO 11 ARE RESIDING AT THOOBARAHALLI VILLAGE VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560 038 12. SMT. YERRAMMA W/O. LATE HANUMANTHA REDDY AGED ABOUT 82 YEARS 13. SRI H. RAMACHANDRA REDDY S/O LATE HANUMANTHA REDDY AGED ABOUT 64 YEARS 14. SRI VENKATESHA REDDY S/O LATE. HANUMANTHA REDDY AGED ABOUT 53 YEARS 15. SMT. PADMA D/O. LATE HANUMANTHA REDDY AGED ABOUT 50 YEARS RESPONDENTS NO. 12 TO 15 ARE RESIDING AT NO. 138, THUBRAHALLI VILLAGE RAMAGONDANAHALLI POST BENGALURU -560 066 16. SMT. MANJULA D/O. LATE HANUMANTHA REDDY AGED ABOUT 43 YEARS RESIDING AT KODATHI VILLAGE SARJAPURA ROAD, VARTHUR HOBLI BENGALURU-560 035 - 6 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 17. SRI CHANDRAPPA S/O. LATE. CHANDRAPPA AGED ABOUT 45 YEARS RESIDING AT NO. 138, THUBARAHALLI VILLAGE VARTHUR HOBLI, BENGALURU-560 066 18. SMT. LAKSHMI D/O. LATE HANUMANTHA REDDY AGED ABOUT 40 YEARS RESIDING AT HAROHALLI MUTHSANDRA POST HOSAKOTE TALUK BENGALURU-560 087 19. SMT. HEMAVATHI D/O. LATE. HANUMANTHA REDDY AGED ABOUT 31 YEARS BOMMANAHALLI BOMMANAHALLI POST BENGALURU-560 068 20. SMT. MUNIYAMMA W/O. LATE HANUMAPPA AGED ABOUT 70 YEARS 21. SRI. NARASAPPA S/O LATE MUNISWAMY AGED ABOUT 74 YEARS 22. SRI KRISHNA REDDY S/O LATE MUNISWAMY AGED ABOUT 65 YEARS 23. SRI NARAYANA REDDY S/O LATE MUNISWAMY AGED ABOUT 63 YEARS 24. SRI LAKSHMANA REDDY - 7 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 S/O LATE HANUMAPPA AGED ABOUT 51 YEARS. 25. SMT. BHAGYAMMA D/O. LATE HANUMAPPA AGED ABOUT 42 YEARS 26. SRI SHIVAPPA S/O LATE HANUMAPPA AGED ABOUT 41 YEARS RESPONDENT NO.20 TO 26 ARE RESIDING AT NO. 176, TUBARAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK 27. SMT. SARASAMMA W/O SRI JAYARAMA REDDY AGED ABOUT 53 YEARS RESIDING AT NO. YELLAMMA TEMPLE STREET KODIHALLI, BENGALURU -560 075 28. SMT. KALYANAMMA W/O. T.C. SEENAPPA AGED ABOUT 52 YEARS RESIDING AT NO.278, 60 FEET ROAD, BEML LAYOUT 6TH STAGE THUBARAHALLI RAMAGONDANAHALLI POST BENGALURU - 560066. 29. SMT. PUTTAMMA W/O. LATE MUNISWAMY REDDY AGED ABOUT 61 YEARS ADDE VISWANATHAPURA VILLAGE KAKOLU POST DODDABALLAPURA TALUK BENGALURU-562 110. - 8 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 30. SMT. ASHWATHAMMA W/O. LATE CHINNAPPA REDDY AGED ABOUT 59 YEARS ESIDING AT THUBARAHALLI VILLAGE RAMAGONDANAHALLI POST BENGALURU – 560066 31. SRI. RAMESH REDDY S/O. MUNIYAPPA REDDY AGED ABOUT 44 YEARS NO.409, 11TH MAIN, 10TH CROSS BEML LAYOUT, 6TH STAGE THUBARAHALLI RAMAGONDANAHALLI POST BENGALURU - 560066. …RESPONDENTS (BY SRI.CHENNAKESHAVA B.S., ADVOCATE FOR C/R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 19.06.2026 AS ANNEXURE-A PASSED ON I.A. NO.31 IN O.S. NO. 8311/2006 ALLOWING THE APPLICATION FILED BY DEFENDANT NO.5 UNDER ORDER XXVI RULE 1 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE THE SAID FILE PENDING BEFORE THE HONBLE XVII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-16). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 9 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 ORAL ORDER Aggrieved by the order dated 19.06.2026 passed in I.A.No.31 in O.S.No.8311/2006 by the XVII Additional City Civil and Sessions Judge, Bangalore, the petitioner/plaintiff is before this Court. 2. The petitioner herein has instituted the suit in O.S. No. 8311/2006 seeking partition and separate possession. In the suit, defendant No. 5 has filed I.A. No. 31 under Order XXVI Rule 1 read with Section 151 of the CPC to issue a Commission for examination, as he is unable to attend the Court due to ill health. That application was allowed by the trial Court. 3. While allowing the application, the trial Court observed that defendant No.5 is suffering from severe osteoporosis and Knee orthotic condition, and that he had placed the medical certificate before the trial Court. In the medical certificate, the orthopaedic surgeon noted that defendant No. 5 cannot stand for long periods and has difficulty walking moderate distances due to illness. The trial Court observed that when the parties pleaded before the Court, their - 10 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 inability to appear in person and their request for an order appointing a court commissioner to record his evidence at his residence could not be rejected. Because of a party’s ill health or any other inconvenience on the part of the parties, the delivery of justice should not be impeded, and the application was allowed. 4. Learned counsel appearing for the petitioners/ plaintiffs submits that defendant No. 5 has appeared before the Criminal Court and attends all the family functions. In those circumstances, the trial court ought not to have allowed the application for the appointment of a commissioner. It is submitted that if the evidence is recorded before the court, the demeanour of witnesses and other aspects can be examined by the Court. 5. Learned counsel appearing for respondent No. 10/ defendant No.5 submits that he cannot dispute the fact that he has appeared before the Court, as it is a criminal matter, and that he went to the Court only for appearance. However, cross- examination and other proceedings take a lot of time. As the doctor has clearly given a medical certificate stating his health - 11 - HC-KAR CNR: KAHC010494462026 NC: 2026:KHC:47513 WP No. 22479 of 2026 reasons, the trial Court has rightly considered it and passed the order. 6. Having heard the learned counsel on either side, perused the entire material on record. There is no dispute that defendant No. 5 is about 77 years old. As per the medical certificate, defendant No.5 is suffering from severe osteoporosis and cannot stand for long hours. The apprehension stated by the petitioner cannot be appreciated. The court has rightly considered and held that, given the ill health of the party, the commissioner was appointed, and this court is not inclined to interfere with the order passed by the trial Court. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 50