- 1 - HC-KAR CNR: KAHC010089762017 NC: 2026:KHC:49336 WP No. 34796 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34796 OF 2017 (GM-CPC) BETWEEN: 1. SMT PUTTAMMA WIFE OF ANNAPPAYYA AGED ABOUT 60 YEARS 2. SRI. E.O. SOMASHEKHAR SON OF LATE ONKARA SHETY AGED ABOUT 46 YEARS TEACHER. 3. MALLEGOWDA SON OF ANNEGOWDA AGED ABOUT 76 YEARS PETITIONERS NO.1 TO 3 ARE RESIDENTS OF HAGARE VILLAGE, YELLURU, MADIHALLI HOBLI, BELUR TALUK - 573216. …PETITIONERS (BY SRI. ABHINAY .Y.T, ADVOCATE AND SRI. MAHALINGAIAH, ADVOCATE FOR PETITIONERS NO. 1 AND 2) AND: 1. JANAKAMMA WIFE OF LATE JAVARAPPA AGED ABOUT 68 YEARS RESIDENTS OF HAGARE VILLAGE, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010089762017 NC: 2026:KHC:49336 WP No. 34796 of 2017 MADIHALLI HOBLI BELUR TALUK 573216. …RESPONDENT (BY SRI. VIJAY KRISHNA BHAT .M, ADVOCATE FOR RESPONDENT AND ALSO FOR PROPOSED FROM R1(A, C, D TO F); PROPOSED R1(B)(A) AND R1(B)(B) ARE SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 8.7.2017 PASSED ON IA NO.XIII IN O.S.NO.225/2014 BY THE LEARNED CIVIL JUDGE, BELUR VIDE ANNEXURE-A TO THE W.P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners, who are the defendants in O.S.No.225/2014, have filed the present writ petition assailing the order dated 08.07.2017 passed by the learned Trial Judge on I.A.No.13 filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), whereby the application seeking appointment of a Court Commissioner for conducting local inspection came to be allowed. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010089762017 NC: 2026:KHC:49336 WP No. 34796 of 2017 2. The said application was seriously resisted by the petitioners-defendants. The learned Trial Judge, having regard to the nature of the reliefs sought in the suit, has proceeded to allow the application and appointed a Court Commissioner for conducting local inspection. It is this order which is called in question in the present writ petition. 3. Learned counsel appearing for the petitioners, reiterating the grounds urged in the writ petition, would contend that appointment of a Court Commissioner at the pre- trial stage is impermissible and that the learned Trial Judge has failed to advert to this aspect while allowing the application. It is his further contention that the properties belonging to the plaintiff and the defendants are separate and distinct and, therefore, there was no justification for appointing a Court Commissioner to conduct a local inspection. 4. Per-contra, learned counsel appearing for the respondent-plaintiff would submit that pursuant to the impugned order, the Court Commissioner has already conducted the spot inspection, completed the commission work and submitted his report, which has been taken on record by Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010089762017 NC: 2026:KHC:49336 WP No. 34796 of 2017 the Trial Court. It is further submitted that the suit has now progressed to the stage of cross-examination of the Court Commissioner by the petitioners-defendants. 5. Having heard the learned counsel for the parties and having perused the material on record, this Court has also adverted to the nature of the reliefs sought in the suit. The suit is one for declaration, injunction and mandatory injunction. The plaintiff has specifically alleged encroachment. When the principal controversy in the suit relates to alleged encroachment and the plaintiff seeks the consequential relief of mandatory injunction, a local inspection assumes considerable relevance for effectively adjudicating the dispute between the parties. In the facts and circumstances of the present case, this Court is of the view that local inspection would assist the Trial Court in determining the actual physical features and the alleged encroachment, and thereby facilitate an effective adjudication of the lis. 6. The contention of the petitioners that a Court Commissioner could not have been appointed at the pre-trial stage also does not merit acceptance. This Court, in its Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010089762017 NC: 2026:KHC:49336 WP No. 34796 of 2017 reported judgment in Sri. Shadaksharappa v. Kumari Vijayalaxmi and Others, rendered in W.P.No.201274/2022, has held that in appropriate cases, the Court need not be reluctant to appoint a Court Commissioner for local inspection and such appointment can be made even suo motu before commencement of the trial. The principle laid down therein squarely answers the objection raised by the petitioners in the present proceedings. 7. In any event, the commission has already been executed, the Court Commissioner has submitted his report and the same has been taken on record. The proceedings in the suit have further progressed to the stage of cross-examination of the Court Commissioner by the petitioners-defendants. In such circumstances, no prejudice is demonstrated to have been caused to the petitioners warranting interference with the interlocutory order passed by the learned Trial Judge. 8. For the foregoing reasons, this Court finds no error or infirmity in the order dated 08.07.2017 passed on I.A.No.13 in O.S.No.225/2014 warranting interference in exercise of the Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010089762017 NC: 2026:KHC:49336 WP No. 34796 of 2017 jurisdiction under Articles 226 and 227 of the Constitution of India. Accordingly, the writ petition stands dismissed. All contentions of the parties are kept open to be urged before the learned Trial Court in accordance with law. All pending interlocutory applications, if any, stand disposed of. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 6 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified